National Insurance Co. Ltd vs Nitin Khandelwal on 8 May, 2008
Thus, in view of the judgments rendered in Manager, Bajaj Allaianz
General Insurance Company Limited versus Bhimraj & Another
(supra), National Insurance Company Limited Through Its Regional
Manager versus Smt.Golana & Another (supra) and National Insurance
Company Limited versus Nitin Khandelwal (supra), there is no iota of
doubt that even if the theory of theft is accepted then also the Insurance
Company is liable to pay compensation and it cannot be exonerated from its
liability especially when it failed to lead any evidence to prove the factum of
theft or the vehicle being driven by the unauthorised person or violation of any
specific term & condition of the Insurance Policy. Even otherwise, the theory
of theft appears to be an afterthought because no Robber will appear before the
Claims Tribunal to submit his written statement and to deny the factum of his
involvement in the accident. The Property Seizure Memo of the Truck Exhibit
P/5 also does not reveal that it was seized from the possession of Arjun
Kashyap (Non-Applicant No.1).