JAGRUT NAGRIK & ANR THROUGH THEIR MANAGING TRUSTEE P V MOORJANI Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Petitioner No.2, namely, Mr. B.N. Sethi owned a truck bearing No.GJ-6-TT-6564 which he had got insured with the Insurance Company for the period 5.12.2009 to 4.12.2010. During subsistence of the insurance policy, the driver of Mr. B.N. Sethi took the vehicle to GIDC, Halol for transporting goods. He, however, did not return with the vehicle. The incident was report to the police on 25.1.2010 but the complainant was asked to search for the vehicle and, therefore, the FIR came to be registered only on 28.1.2010. The claim lodged with the insurer, however, was rejected vide letter dated 28.5.2010 which to the extent it is relevant reads as under:-

(2.) It appears that a representation was thereafter made by Mr. Sethi. In response to the said representation, the insurer, vide letter dated 2.7.2010, took the following stand with respect to his claim:-

(3.) Being aggrieved from the rejection of the claim, the complainant - Mr. B.N. Sethi approached the concerned District Forum along with an organisation, namely, Jagrut Nagrik. The complaint was resisted by the insurer primarily on the ground that this was not a case of theft and, therefore, the loss was not covered under the insurance policy.