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Subash Kumar Bhuyan v. State of Orissa

Orissa HC5 Aug 2016WP(C)/2914/2016

Case brief

AI extract

What is this about?

The Court directed the National Insurance Company to process a theft claim application submitted by the petitioner after the petitioner provided the required Final Form and court order that were previously missing, noting the objection raised by the company has no merit.

What did the court decide?

The authorities of the National Insurance Company Ltd., Cuttack are directed to process the claim application within six months.

Subash Kumar Bhuyan Vs State of Orissa — Insurance | Orissa HC (2016)

¶1

 W.P.(C). NO. 2914 of 2016

¶2

10. 05.08.2016 Heard.

¶3

 The truck owned by the petitioner, which was insured by the National Insurance
 Company Ltd., Cuttack was stolen some times in the year 2013.

¶4

 The petitioner lodged an F.I.R. before the I.I.C., Jagatpur Police Station. In
vestigation was taken up. The truck was not found out by the investigating agency.

¶5

 The petitioner filed a claim application before the Opp. Party No.2- Dy. Manag
er, National Insurance Company Ltd., Cuttack Divisional Office-II, Mangalabag, Cuttack. The cl
aim application was however closed without any processing, as the petitioner had not supplied
the copy of the Final Form filed in the P.S. Case.

¶6

 The petitioner tried to convince the authorities of the Insurance Company that
 the investigation may take some more time and at least two months time be granted to him to s
upply the copy of the Final Form.

¶7

 In the meantime, the petitioner has supplied the copy of the Final Form and th
e Order of the competent court accepting the same. Admittedly,

¶8

 the truck in question could not be traced out during the investigation.
 Mr. P.K. Mahali, learned counsel appearing for the Insurance Company, i.e., Op
p. Parties 2 & 3 vehemently opposes the submission advanced by the learned counsel for the pet
itioner, but the petitioner having complied with the objection, which was the cause for closin
g the claim application, the objection raised by the learned counsel for the Opp. Parties 2 &
3 has no merit.

¶9

 In view of such development, there is no reason for not processing the applica
tion of the petitioner for payment of the claim. Accordingly, the authorities of the National
Insurance Company Ltd., Cuttack Divisional Office-II, Mangalabag, Cuttack are directed to proc
ess the claim application of the petitioner and do the needful in accordance with law and the
Policy agreement.

¶10

 The entire exercise be completed within six months from the date of receipt of
 a certified copy of this Order along with a certified copy of hte Final Form accompanied with
 the courts order.

¶11

 C.R. Dash, J.

¶12

 Subha

¶13

Subash Kumar Bhuyan v. State of Orissa

Case brief

What is this about?

What did the court decide?

Subash Kumar Bhuyan v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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