ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. JAMIL AHMED
LAWS(P&H)-2012-9-452
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 10,2012

ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Appellant
VERSUS
JAMIL AHMED Respondents

JUDGEMENT

- (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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