ORIENTAL INSURANCE CO LTD Vs. DIVAKAR

JUDGEMENT

(1.) THERE is a delay of 81 days in filing the present Revision Petition by the Oriental Insurance Company Limited the OP. Application for condonation of delay has been moved. Counsel for the petitioner admitted that there was procedural and departmental delay in filing the present Revision Petition. He prayed that his case on merits is very good and insurance company should be given an opportunity of being heard.

(2.) KEEPING in view, all the facts and circumstances and there is a delay of 81 days only, I hereby condone the delay subject to payment of Rs.25,000/ - as costs, which will be paid to the complainant Sh. Divakar through demand draft, within a period of 90 days from the date of receipt of copy of this order otherwise, it will carry interest @9% till its realization.

(3.) NOW , I turn to the merits of this case. It must be borne in mind that this is a case of Total loss. The policy clearly, specifically and unequivocally mentions: -