MOHIT KUMAR SAHA Vs. NEW INDIA ASSURANCE COMPANY LIMITED
LAWS(CAL)-1996-9-6
HIGH COURT OF CALCUTTA
Decided on September 06,1996

MOHIT KUMAR SAHA Appellant
VERSUS
NEW INDIA ASSURANCE CO.LTD. Respondents


Referred Judgements :-

AUDITOR GENERAL V. K. S. JAGANNATHAN' [REFERRED TO]
COMPTROLLER AND AUDITOR GENERAL OF INDIA GIAN PRAKASH NEW DELHI VS. K S JAGANNATHAN [REFERRED TO]
R KAPUR VS. DIRECTOR OF INSPECTION PAINTING AND PUBLICATION INCOME TAX [REFERRED TO]



Cited Judgements :-

RATUL DAS VS. ORIENTAL INSURANCE CO LTD [LAWS(GAU)-2006-6-45] [REFERRED TO]
UNIVERSITY OF BURDWAN VS. DR. PRASHANTA KUMAR CHATTERJEE [LAWS(CAL)-1998-4-37] [REFERRED TO]


JUDGEMENT

- (1.)By this writ application under Article 226 of the Constitution of India the petitioner seeks inter alia a direction upon the respondent No. 1. The New India Assurance Company Ltd. ("the respondent company") for short) and its officer the 2nd, 3rd, 4th and 5th respondents "to meet fully and completely (the) petitioners claim against the insurance policy (No. 4355601460 and endorsement No. 4355630037) ("the said insurance policy" for short) referred to in the petition for the loss of the insured" truck registration No. WGB 5531 and to pay interest thereon at 0 the rate of 18 per cent per annum as well as a direction upon the manager of the Bank of Baroda, Kharagpur Branch to adjust its dues in the loan account of the petitioner "with the amount so receivable from the respondent" company and to further forbear from proceeding against the petitioner or the guarantors or against any property belonging to them for the recovery of the dues of the Bank of Baroda in the aforesaid loan account and for other consequential reliefs. The facts 1eading to this writ application may briefly be stated.
(2.)The petitioner took out an insurance policy in respect of the aforesaid truck for Rs. 2 lacs from the respondent company. The said insurance policy for Rs. 2 lacs was valid from 25th September, 1987 to 24th September, 1988. The said insurance policy is at annexure 'A' to the writ petition.
(3.)During the subsistence of the aforesaid insurance policy, the said truck with its load of fish-feed was stolen by the driver of the said truck with the help of an Khalasi by assaulting the father of the petitioner who was in the said truck. It is stated that the father of the petitioner sustained stabbing injuries on 19th October, 1987. The First Information Report was thereupon lodged on 20th October, 1987 with the Kotwali Police Station and a case under Sections 326 / 307 / 379 / 34 of the Indian Penal Code was registered by the police. The First Information Report is an annexure to the writ petition at page 48.
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