w w w . L a w y e r S e r v i c e s . i n



New India Assurance Company Ltd. & Another v/s M/s. Hari Agro Industries & Another


Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = L66000MH1919GOI000526

Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = L99999MH1919GOI000526

Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = U99999MH1919GOI000526

Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- NEW INDIA INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U99999GJ1980PLC000467

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- NEW INDIA INDUSTRIES LIMITED [Liquidated] CIN = U99999MH1941PTC003247

Company & Directors' Information:- THE NEW INDIA INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1942PLC007691

Company & Directors' Information:- NEW INDUSTRIES CORPORATION LIMITED [Dissolved] CIN = U99999MH1945PTC004625

    CWP No. 17717 of 2020

    Decided On, 28 October 2020

    At, High Court of Punjab and Haryana

    By, THE HONOURABLE MR. JUSTICE G.S. SANDHAWALIA

    For the Appearing Parties: R.C. Gupta, Advocate.



Judgment Text

1. Challenge in the present writ petition, filed under Articles 226/227 of the Constitution of India is directed to the order dated 12.09.2019 (Annexure P-l) passed by respondent No.2, Permanent Lok Adalat (Public Utility Services) Kurukshetra.2. Vide the said order, respondent No.2 had directed that the petitioner-Insurance Company is liable to pay a sum of Rs.13,19,500/- as the insurance claim along with interest @ 6% per annum from the date of application till the date of actual payment. Apart from that, compensation of Rs.20,000/- has also been made payable with litigation expenses of Rs. 10,000/-. The respondent-applicant had also been directed to procure the latest statement of account from the bank which had financed the truck and produce the same before the Insurance Company, who shall firstly discharge the loan of the bank which had financed the vehicle and then the remaining amount would be paid released to the applicant. In case the amount has already been paid by the applicant to the bank, then after getting the no dues certificate from the bank, the entire amount was to be paid by the Insurance Company. The key of the vehicle was to be handed over to the Insurance Company after obtaining the receipt and the truck in question was to remain the property of the Company, after payment of the insurance claim. The award was to be executed by the Civil Court of competent jurisdiction as if it was a decree passed by the Executing Court itself.3. Counsel for the petitioners-Insurance Company has vehemently submitted that there is a violation of the terms of policy No.5 in as much as the vehicle had been left unattended with key in it. Resultantly, on account of the act of the Driver, the insurance claim had rightly been repudiated and therefore, the award was not justified and the repudiation of the claim on 28.06.2017 (Annexure P-2), was justified.4. A perusal of the paperbook would go on to show that the claim was repudiated on 28.06.2017 on the ground that as per the statement of the owner-insured, who is the proprietor of the claimant/respondent-firm, the starting key had been left within the vehicle. The insured, thus, had not taken responsible steps to safeguard the vehicle's loss or damage.5. On account of the repudiation, the application under Section 22C of the Legal Services Authorities Act, 1987 had been filed for settling the matter and in the event of failure to reconcile, for getting an award on merits. The claim was that the truck No.HR-65-9285 was insured from 02.12.2015 to 01.12.2016. The vehicle had been parked at the Reliance Petrol Pump, Ismailabad, District Kurukshetra wherein the applicant was also partner. The vehicle was stolen from the said petrol pump. An FIR No.45 dated 04.04.2016 under Section 379 IPC was registered regarding the theft of the truck. The accused persons were eventually arrested and challan was filed against them. The applicant-owner, after completing all the formalities, had submitted the claim to the Insurance Company for realization which was processed and repudiated on the excuse that the key had been left in the ignition of the vehicle, which fact was denied.6. The stand of the petitioner-Company was that the two keys for starting of the truck had not been handed over before the investigator and the applicant had admitted that the starting key had been left in the truck. Therefore, the theft had been facilitated and the repudiation was justified. A sum of Rs.78,000/- had also been recovered from the thieves arrested and the same was taken by the applicant from the Criminal Court.7. Keeping in view the stand of the parties, the following points were framed by the Lok Adalat:"1. Whether the vehicle in question bearing registration No.HR-65-9285, owned by the applicant was insured with the respondents with effect from 02.12.2015 to 01.12.2016, and that it had been stolen on the intervening night of 3-4 April, 2016?2. If point No.l, is proved in affirmative whether the applicant is entitled to insurance claim of the said truck? If so, to what amount?3. Whether the insurance claim of the applicant has wrongly and illegally been repudiated by the respondents thereby causing harassment, mental agonies, and financial loss to the applicant thereby entitling him for compensation? If so, to what amount?4. Whether the applicant is entitled to litigation expenses from the respondents? If so, to what amount?"8. The relevant points for determination of the Court are points No.2 & 3, as admittedly, the vehicle was insured and had been stolen on 03-04/04.2016, during the validity of the insurance policy.9. The Lok Adalat came to the conclusion that reliance had been placed upon the statement of Puneet Mittal (Ex.R-7), the proprietor of the vehicle that the keys had been left in the vehicle. It was, accordingly, held that an FIR (Ex.P-3) had been lodged in which investigation had been completed and the final charge-sheet (Ex.P-5) had also been filed. No such facts had been mentioned in the said document. The Lok Adalat came to the conclusion that as to who had written the statement (Ex.R-7) was not proved on record and the two keys of the truck had been produced before the Lok Adalat on 03.09.2019 and therefore, it was not justified for the petitioner-Company to submit that the keys had been left in the truck. Resultantly, the statement (Ex.R-7) which had been recorded by the Surveyor was held not to be reliable. The report of the Surveyor had also not been placed on record vide which he had come to the conclusion that it was on account of the negligence of the owner/driver, the theft had taken place. Therefore, the Lok Adalat came to the conclusion that unnecessary harassment and financial loss had been caused. Resultantly, Rs.14 lakhs as insured amount, after deducting Rs.78,000/-, which was recovered in criminal proceedings plus Rs.2500/- which was to be deducted as per condition No.3 of the policy, the amount had been quantified @ Rs.13,19,500/-.10. Thus, it is apparent that the reasoning which prevailed with the Lok Adalat was on account of the fact that the stand of the Insurance Company was not proved by producing the necessary material on record and was not substantiated and proven in accordance with law. In such circumstances, the Lok Adalat exercised its powers under Section 22C(8) of the Act and decided the dispute on merits. Thereafter, keeping in view the provisions of Section 22E, it came to the conclusion that the award is to be executable by the Civil Court having local jurisdiction. The amount of compensation of Rs.20,000/- had been granted along with interest @ 6% per annum also on the amount awarded which was only to compensate the claimant since the truck was stolen on 03.04.2016 and the claim was only repudiated after one year and two months on 28.06.2017. The interest element which has been granted is only to compensate the applicant for the amount not being paid to it for the period from April, 2016 till payment. In such circumstances, the Lok Adalat has not erred in any manner or exercised jurisdiction not vested in it under the law since it has come to the conclusion that the stand of the Insurance Company that the key had been left in the vehicle was not proved. There was, thus, no negligence and carelessness in parking the vehic

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le.11. It is pertinent to mention that as pleaded above by the applicant, the vehicle was parked in the premises of the petrol pump of which the proprietor was a partner, which shows that it was under supervision, as such. But in spite of that it was stolen and therefore, it cannot be said that there was any violation of the terms and conditions of the policy that the vehicle had been left unattended without proper precautions. The fact of the proprietor being owner of the petrol pump has not been denied in the written statement filed by the petitioner-Company. In such circumstances, the repudiation had rightly been held to be unjustified, in the facts and circumstances.12. Resultantly, in view of the above discussion, finding no merit in the present writ petition, the same is hereby dismissed in limine.
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