CHOUDHARY FREIGHT CARRIERS Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) The present petitioner is a partnership Firm. As per the pleaded case of the petitioner, a claim was lodged before the respondent No.1-The Oriental Insurance Company Limited on 16.09.2010 in respect of an insured Truck bearing registration No.RJ 19 GA 2231, which met with an accident and was resultantly damaged. The said claim was made for Rs.4,50,000/-. However, the respondent-Insurance Company denied the claim on 18.09.2012 on the ground that as per the investigation report, the fitness certificate was not effective at the time of accident.

(3.) The petitioner made an averment in the writ petition that the respondent has not been able to establish the investigator's report before the learned Permanent Lok Adalat, Jodhpur, and therefore, the rejection of the petitioner's claim on the ground of non-availability of the fitness certificate was not correct.