BHAI BHAGTU COTTON FACTORY Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The complainant approached the state Commission with the allegations that on 17th July, 1991 he withdrew an amount of Rs. 5.00 lakhs from State Bank of Patiala, Jaitu for depositing it in Bank of Goniana for the purposes of encashment of various cheques issued by them in favour of various Commission Agents. The money, so withdrawn, was sent from Mandi Jaitu to Mandi Goniana through Gurjinder Singh, a partner of the firm. The complainant No. 2 Gurjit Singh with Rs. 5.00 lakhs reached Goniana in his insured Maruti Car which he parked outside the shop of Bhagwan Singh and locked it. He alongwith his Munim went into the shop of Sant Lal Sham Lal. After issuing some cheques, when Gurjit Singh, complainant came out of the shop of Sant Lal, he found his car missing. After making enquiries in the locality, he reported the matter to the Police Station Nahianwala on the same day and also lodged a claim with the Insurance Company. As the claim was repudiated by the Insurance Company, he preferred a complaint for award of Rs. 9,98,000/- with interest.

(2.) The plea set up on behalf of the Insurance Company was that the alleged insured Maruti Car alongwith cash of Rs. 5.00 lakhs was never stolen and the version of the complainant with regard to theft and loss thereby was merely a ruse to raise a fabricated claim against the Insurance Company.

(3.) After investigating the matter, the State Commission by majority view held that the Insurance Company came to a bona fide conclusion that the claim of the complainant was not tenable and was consequently repudiated. The matter should be adjudicated before a Civil Court where the complainant as well as the Insurance Company would have ample opportunity to examine the witnesses at length and have elaborate trial of the case. Accordingly, the complaint was dismissed.