JUDGEMENT
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(1.) By filing this revision petition under Article 227 of the
Constitution of India, insurance company has assailed order/award dated
07.04.2010 passed by Permanent Lok Adalat (Public Utility Services),
Gurgaon.
(2.) Respondent Jamil Ahmad filed claim petition before Permanent
Lok Adalat alleging that he had got insured his vehicle i.e. dumper No.HR-
55E-0926 with the petitioner-insurance company for the period from
05.01.2009 till 04.01.2010 for amount of Rs.8,50,000/-. On 13.05.2009, the
said vehicle met with accident with another dumper and a motorcycle. The
mob set the vehicle of respondent on fire resulting in total loss. Surveyor of
the petitioner-insurance company itself assessed the loss at Rs.7,00,000/-.
Insurance company resisted the claim petition by alleging that
one Ikramuddin lodged FIR about the occurrence alleging himself to be
owner of the dumper in question and being driven by his driver at the time
of occurrence. It was pleaded by the insurer that the respondent insured had
transferred the vehicle to Ikramuddin in the year 2007 i.e. before the vehicle
was insured and before the accident occurred and, therefore, respondent insured is not entitled to claim any amount.
(3.) Learned Permanent Lok Adalat vide impugned award dated
07.04.2010 awarded Rs.7,00,000/- as compensation to the claimant insured.
Feeling aggrieved, insurer has filed this revision petition.;
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