JOYMONI BASUMATARY Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-5-112
HIGH COURT OF GAUHATI
Decided on May 28,2018

Joymoni Basumatary Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Heard Mr. R. Goswami, learned counsel for the petitioner as well as Mr. P.P. Das, learned counsel representing respondent no. 1 and Mr. S.K. Muktar, learned counsel for the respondent no. 2.
(2.) Challenge is made to the order dated 23.04.2012 passed by the Insurance Ombudsman, Guwahati Centre in Complaint No. 15-013-050/11-12. The said complaint filed by the respondent no. 2 herein was with regard to non-issuance of insurance documents despite premium being received by the petitioner Insurance Company. The Insurance Ombudsman disposed of the complaint vide order dated 23.04.2012 with direction as follows: "Award/Order : It is awarded that the Insurer shall arrange to complete the process of issuing the policy document and settlement of the claim to the Complainant within 15 days from the date of receipt of the letter of acceptance of the Award from the Complainant. The Complainant is also asked to send his letter of acceptance of the Award to us with copy to the Insurer within one month from the date of receipt of the copy of this Order provided the Award is found to be acceptable to him. It is made clear that the Insurer shall be liable to pay the penal interest @ 8% P.A. on the settled amount and such interest shall be calculated from the date of submission of claim documents till the date on which the settled amount is released."
(3.) Petitioner puts a challenge to the said order on grounds that the defence put up by the petitioner Insurance Company was not considered in its right perspective. The petitioner had contended that the Cover Note in question submitted by the respondent no. 2 was one of the missing Cover Notes, now illegally utilised for wrongful gain. Case put up by the petitioner before the Insurance Ombudsman as well as before this Court are that with regard to loss of Cover Notes contained in the particular Book, information was lodged before the Chandmari Police Station on 06.07.2010, followed by publication of the loss of the Cover Notes in the daily newspaper ' Dainik Agradoot' on 05.11.2010. One of the said missing Cover Notes, now used by the respondent no. 2 to claim benefit for the loss suffered in respect of the damage to his vehicle was, therefore, repudiated, thus prompting the respondent no. 2 to approach the Insurance Ombudsman.;


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