Punjab-Haryana High Court
Reliance General Insurance Company ... vs Rajesh Kumar Son Of Sh. Bani Singh And ... on 14 December, 2011
Author: K. Kannan
Bench: K. Kannan
C.W.P. No.23209 of 2011 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No.23209 of 2011
Date of Decision. 14.12.2011
Reliance General Insurance Company Ltd. and another
.....Petitioners
Versus
Rajesh Kumar son of Sh. Bani Singh and another .....Respondents
Present: Mr.Tajender K. Joshi, Adocate
for the petitioners.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ? No
2. To be referred to the Reporters or not ? No
3. Whether the judgment should be reported in the Digest? No
-.-
K. KANNAN J.(ORAL)
1. The insurance company challenges the order of the Permanent Lok Adalat, which had found that the insurance company was liable to indemnify the loss caused to the owner of a vehicle. There had been admittedly an insurance for theft and the contention was that the driver had left the key in the car parked in an open space and had gone to answer the nature's call. The insurance company took the defence that since the owner of the vehicle had been careless in keeping the key in the car, it will not be liable. I would find this contention of the insurance company to be outrageous, for a person that loses the car by keeping the key in car does not commit any violation of terms of the policy nor could he be expected to keep it in the safe deposit vault when he had to go to answer to the compulsions of nature's call. I would find the defence taken by the insurance company to be irresponsible and C.W.P. No.23209 of 2011 -2- I will find no justification for interfering with the order that is passed by the Permanent Lok Adalat.
2. The writ petition is dismissed.
(K. KANNAN) JUDGE December 14, 2011 Pankaj*