JAGDISH PRASAD BAKSHI Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The claim of the petitioner, Jagdish Prasad Bakshi, for the theft of the truck was repudiated by the Oriental Insurance Company Limited, on two counts. Firstly, he had received the "no claim bonus" in premium. The State Commission came to the conclusion that this ground does not stand proved. No appeal has been filed by the Insurance Company in that respect.

(2.) The State Commission justified the repudiation on the ground that the petitioner was negligent in taking care of the truck. He left the key inside the truck. The driver stopped the truck at 3-00 A.M. in front of Vaishali Dhaba itself. The Dhaba is situated on the Highway itself. The driver could not find out the truck even after searching the same. On this ground, the appeal filed by the Oriental Insurance Company was allowed.

(3.) We have heard the counsel for the petitioner. He vehemently argued that the petitioner should be granted the compensation on non-standard basis. In support of his case he has cited few authorities. He has invited our attention towards the "Amalendu Sahoo versus Oriental Insurance Company Limited, 2010 4 SCC 536", "Royal Sundaram Alliance Insurance Co. Ltd. Versus Sanju Dongre, 2012 2 CPJ 197", National Insurance Company Ltd. Verus Nitin Khandelwal, 2008 4 CPJ 1", New India Assurance Co. Ltd. Versus Naryana Prasad Appaprasad Pathak,2006 2 CPJ 144" and United India Insurance Company Ltd. versus Gian Singh, 2006 2 CPJ 83".