NATIONAL INSURANCE COMPANY LTD Vs. MAYUR RAJ SINGH

JUDGEMENT

(1.) The facts of this revision petition are as follows. Sh. Mayur Raj Singh, the complainant, got financed a dumper vehicle from M/s.Shriram Finance Co. Ltd., in September, 2007. The said vehicle was insured with the National Insurance Co. Ltd., the petitioner/opp.party, for the period from 25.08.2007 to 23.08.2009.

(2.) The complainant, Mayur Raj Singh, took the vehicle to Haryana from Madhya Pradesh, without the requisite permit, for commercial work. From there, he took his dumper vehicle to Jaipur, Rajasthan, to meet his relative, namely, Mr. Vishwesvar Singh, on 15.07.2008. On the same night, at about 11.00PM, the respondent/complainant negligently parked his dumper at an isolated place, which was 200kms away from the main road and near the building of the School, namely MM Queen s school, which is not functional and the building of which is locked for the past two years. The complainant left his vehicle unattended in isolated place and went with his driver, in search of his said relative, at 11.00PM, in the area of Mansarovar District, Rajasthan. When the complainant came back, he found that his vehicle had been stolen from the alleged place. On 16.07.2008, the complainant informed the police, Mansarovar Police Station, which was only 3.00Kms away from the alleged place of incident. The Insurance Company received the intimation of this incident, on 24.07.2008.

(3.) The case of the petitioner/opposite party is that it had appointed one Shri Upendra Singh Bais, as an Investigator, in this matter. He gave his final report that the incidence of theft is genuine. The Truck was parked at an isolated place, Mr. Vishveshwar Singh had already shifted from that premises, around six months ago. There were regular defaults in the repayment of loan on the part of the respondent to the Financier. Consequently, his claim was repudiated.