Rajasthan High Court
United India Insurance Company ... vs Hanif Khan S/O Shri Aas Mohammad on 10 February, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8002/2019
1. United India Insurance Company Limited, through Branch
Manager, Branch Bhiwadi, District Alwar.
2. United India Insurance Company Limited, Micro Office,
N.H. 8, Opposite State Bank Of Patiyala, Kotputli, District
Jaipur, through Manager
----Petitioners
Versus
Hanif Khan S/o Shri Aas Mohammad, R/o Village Bilahedi, Tehsil
Tijara, P.s. Bhiwadi Phase-III, District Alwar
----Respondent
For Petitioner(s) : Mr. Anirudh Sharma on behalf of
Mr. Devendra Sharma
For Respondent(s) : Mr. Manoj Kumar Bhardwaj
HON'BLE MR. JUSTICE SAMEER JAIN
Order
10/02/2022
1. Learned counsel for the petitioners submits that the
impugned order dated 01.04.2019 passed by Permanent Lok
Adalat, Alwar is ex-facie perverse and is required to be set aside
and therefore, the present writ petition is filed under Article 227 of
the Constitution of India.
2. Arguments raised by learned counsel for the petitioners is
that in the present matter, FIR was filed on 22.06.2017 whereas
the Tata Truck was missing since 07.06.2017. He further submits
that the claimant has also not submitted original documents in the
form like Registration Certificate, Insurance Cover note, Bill Book,
Service Book, Permit, Fitness Certificate and Pollution Certificate.
Lastly, he submits that keys of the Truck in two sets were also not
provided as required in the condition of Insurance Policy.
3. Per contra, learned counsel for the respondent submitted
that the learned Permanent Lok Adalat in terms of para 11 and 12
(2 of 2) [CW-8002/2019]
of the impugned judgment has passed reasoned and speaking
order. They have duly considered the fact that the Roznamcha was
immediately prepared which duly reflects that information of
missing Truck was given to the concerned police station, and
police nakabandi was ordered. The Roznamcha report and First
Information Report were sent to the police station, which has
registered the same, after a lapse of 15 days, which is beyond his
control. He secondly submits that all the original documents were
lying with the Truck which was missing. So, it is beyond his
purview to submit the original documents but at the same time,
the copy of RC was submitted which was lying along with him.
Lastly, he submits that the learned Court below has passed
conditional order whereby it is specifically directed by the learned
Permanent Lok Adalat that the original keys of the Truck in two
sets will be submitted along with affidavit after taking the same on
record.
4. Learned Permanent Lok Adalat has given a conditional order
that only upon furnishing the original RC from the Court of Judicial
Magistrate and upon furnishing the two sets of keys before the
petitioners, the claim/disbursement will be considered.
5. In the light of above, this Court finds that no manifest error
is committed while passing impugned order dated 01.04.2019 and
therefore no interference is required under Article 227 of the
Constitution of India.
6. The writ petition is dismissed on account of above terms.
7. All pending applications stand disposed of.
(SAMEER JAIN),J
Arun/34
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