NEW INDIA ASSURANCE CO. LTD Vs. NEMI CHAND

JUDGEMENT

(1.) This writ petition has been preferred claiming the following reliefs:

(2.) As per the pleaded facts, the petitioner-Company issued a Commercial Vehicle Package Policy to the respondent/applicant in respect of goods carrying commercial vehicle bearing registration no. RJ-07-GC-7148. The said policy was to remain effective for the period from 6/3/2020 to 5/3/2021, and the total sum insured under the policy was Rs.24,00,000.00. The respondent-applicant was to be indemnified in respect of any damage to the insured vehicle during the continuance of the said insurance policy.

(3.) Learned counsel for petitioner-Company submitted that as per the report of the Investigator, the Invoice and G.R were found to be false and fabricated; he also found that the vehicle was carrying the goods much beyond the prescribed loading capacity of 24,000 kgs; therefore, it was clearly showing the contravention of the terms of the insurance policy. He further submitted that the Final Survey Report reveals that a total loss of Rs.10,67,658.00 was assessed, subject to compliance of the policy conditions, and that, despite several requests, the insured did not provide dharamkanta (Weighment) to the Final Surveyor. Therefore, as per learned counsel, the respondent/applicant never furnished a proper explanation regarding the genuineness of the invoice and the G.R.