GHULAM ALI AZAD Vs. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED
LAWS(J&K)-1999-7-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 07,1999

GHULAM ALI AZAD Appellant
VERSUS
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

Tejinder Singh Doabia, J. - (1.) REGARDING the same vehicle, two claims were lodged, one was with regard to the theft and the other was with regard to an accident. The theft took place first and the accident took place later on. Vis -a -vis the claim of the accident, the Company agreed to pay a sum of Rs. 42,786/ -. This was subject to the condition that the policy and the salvage is made available by the appellant to the Insurance Company. The requirement to furnish original bills was also insisted upon. As this was not done, the Commission has come to the conclusion that on account of remissness on the part of complainant, the claim could not be settled.
(2.) AS the Company was ready and willing to settle the claim for Rs. 42,786/ -, therefore, we are of the opinion that the ends of justice would be served if the Company is held bound to the suggestion made by it for the settlement of the claim. It be seen that the vehicle is not available. Its salvage would naturally be not available. Therefore, that much amount which the Company would have got by way of salvage be deducted from the amount for which the claim was settled. We fix this amount as Rs. 10,000/ -. The Insurance Company would accordingly pay an amount of Rs. 32,786/ - to the complainant. This would, however, be subject to the furnishing of original bills by the appellant -complainant. So far as policy is concerned, that may also be not available because it is normally kept in the vehicle. The appellant would, therefore, furnish an indemnity bond so that the Company is not involved in any other litigation in this regard. So far as theft is concerned, this is yet to be settled by the Company. In this regard, the appellant shall make available all the required documents as indicated by the Insurance Company. On this being done, the needful be done within a period of one month from the date, the requisite formalities are completed by the appellant -complainant. The accidental claim which has been settled be disbursed to the appellant Company within a period of one month from the date conditions indicated by the Company are fulfilled. The appellant would, however, be not entitled to interest. This is because on account of his own remissness, the claim could not be settled. This appeal is accordingly disposed of in the manner indicated above. Appeal disposed of.;


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