Writ petition by an insurance company challenging a Lok Adalat award directing payment for a stolen vehicle. The High Court rejected the plea of driver negligence and dismissed the petition without interference.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.11451 of 2009 Date of Decision: 03.08.2009
Reliance General Insurance Company Limited
Petitioner Versus
Ganga Tourist India Pvt. Ltd. and another
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr.Paras Money Goyal, Advocate for the petitioner
Jasbir Singh, J.(Oral)
This writ petition has been filed with a prayer to lay challenge to award dated 18.4.2009 (P1), passed by Permanent Lok Adalat (Public Utility Service) Gurgaon (in short Lok Adalat).
Vide award, referred to above, Lok Adalat directed the petitioner to pay an amount of Rs.7,37,121/- to respondent No.1, on account of theft of a vehicle, which was insured with the petitioner. Before Lok Adalat and here also, it is contention of the petitioner that theft has occurred on account of negligence on the part of the driver. This Court feels that argument is liable to be rejected. It has come on record that the driver, when driving the vehicle, felt that dickey of the car was not closed, he stopped the vehicle, went to the back side, leaving keys in the car itself, then two boys came and ran way with that car. Such action cannot be treated as negligence on the part of the driver, which may disentitle the owner to get claim towards loss of vehicle. No case is made out for interference.
Dismissed. 03.08.2009 (Jasbir Singh) gk Judge
Reliance General Insurance Company Limited
Ganga Tourist India Pvt. Ltd.
Jasbir Singh
As recorded by the court registry
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