Case Law Details
United India Insurance Co. Ltd. Vs Sushil Kumar Godara (Supreme Court)
BRIEF FACTS
1. The respondent-complainant obtained an insurance policy from the insurer for his Bolero car, somewhere in Punjab, though he was a resident of Sri Ganganagar, Rajasthan. The vehicle had a temporary registration (No. PB-11-T-5101 from 20-06- 11 to 19-07-2011). The sum insured was ₹ 6,17,800/-. The temporary registration of the vehicle, however, expired on 19-07-2011.
2. As the respondent/complainant was engaged in business as a private contractor, for business purposes he had to be outside the city. On 28-07-2011 the complainant went to Jodhpur for business purposes; and stayed in Geeta Guest House at night. Whilst there, his vehicle was parked outside the guest house premises. When the respondent awoke in the morning, he found that the Bolero car had been stolen. He lodged a first information report (FIR) on 29-07-2011 with PS Ratanada, Jodhpur alleging commission of offences under Section 379, IPC. However, on 30-09-2011 the police lodged a final report stating that the vehicle was untraceable.
3. The respondent claimed the loss, from the appellant/insurer. The insurance claim, however, was repudiated by order dated 23-01-2013 on three grounds:
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