PUSHPENDRA SINGH BHATI,J. - (1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs: "1. The impugned judgment dated 16.06.2017 (Annexure-7) passed by the learned Permanent Lok Adalat, Jodhpur may kindly be set aside. 2. The claim petition filed by the petitioner under Section 22-B of the Act of 1987 may kindly be allowed in toto with costs. 3. Any other appropriate writ, order or direction as may be deemed just and proper in the facts and circumstances of the case may be passed. 4. The costs of the writ petition may kindly be ordered to be awarded to the petitioner."
(2.) The present petitioner is a partnership Firm. As per the pleaded case of the petitioner, a claim was lodged before the respondent No.1-The Oriental Insurance Company Limited on 16.09.2010 in respect of an insured Truck bearing registration No.RJ 19 GA 2231, which met with an accident and was resultantly damaged. The said claim was made for Rs.4,50,000/-. However, the respondent-Insurance Company denied the claim on 18.09.2012 on the ground that as per the investigation report, the fitness certificate was not effective at the time of accident.
(3.) The petitioner made an averment in the writ petition that the respondent has not been able to establish the investigator's report before the learned Permanent Lok Adalat, Jodhpur, and therefore, the rejection of the petitioner's claim on the ground of non-availability of the fitness certificate was not correct.;