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High Court of Punjab and HaryanaCWP/25104/2018dismissed

New India Assurance Company Ltd v. Ajay Pal And ORS

2018-10-01Mr. Justice Amit Rawal2 pages

CWP No.25104 of 2018 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.25104 of 2018 Date of decision:October 01, 2018 New India Insurance Co. Ltd.

...Petitioner

Versus

Ajay Pal and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Vandanaa Malhotra, Advocate, for the petitioner.

**** Rakesh Kumar Jain, J.

The petitioner has challenged the award of the Permanent Lok Adalat dated 01.03.2018, by which direction has been issued to pay a sum of `3,74,000/-.

In brief, respondent no.1 got his vehicle No.HR26-AN-3508 insured with the petitioner. The insurance policy was valid from 24.09.2012 to 23.09.2013. The said vehicle was stolen from the residence of respondent no.1. The FIR in that regard was allegedly lodged by respondent no.1 after 4 days of the incident and intimation was given to the petitioner after 8 days. However, the petitioner denied the insurance claim on the ground that if the theft had taken place on 04.02.2013, respondent no.1 should have intimated the company immediately and FIR should also have been registered forthwith. After hearing learned counsel for the petitioner and examining the available record, I am of the considered opinion that there is no merit in the present petition because the theft had taken place on 04.02.2013, FIR was lodged on 08.02.2013 and the intimation was given to the insurance company VINOD KUMAR 2018.10.05 11:07 I attest to the accuracy and integrity of this document phhc

CWP No.25104 of 2018 [ 2 ] ***** on 12.02.2013 and, thus, the time consumed by respondent no.1 do not fall within the ambit of delay.

No other point has been raised.

Consequently, the present petition is hereby dismissed being denuded of any merit, though without any order as to costs. October 01, 2018 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned:

Yes/No Whether Reportable:

Yes/No VINOD KUMAR 2018.10.05 11:07 I attest to the accuracy and integrity of this document phhc