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Judgment
Heard Sh. Jugal Kishore Gupta, learned counsel for the petitioner and Sh. Vilakshan Singh, learned counsel for the respondent No. 1.
The judgments and orders passed by the Divisional Forum, Jammu as well as the J&K State Consumer Disputes Redressal Commission, Jammu are under challenge in this writ petition.
The Authorities below have allowed the complaint and have directed for the payment of ₹ 1,19,595/- with interest @ 6% per annum which has been enhanced to 8% per annum by the State Commission from the date of claim on account of loss caused to the insured vehicle.
Learned counsel for the petitioner has relied upon the report of the DIG, Udhampur/Doda Range, wherein it has been reported that the damage to the vehicle was caused deliberately by the driver of the vehicle prima facie in connivance with the owner of the vehicle and, as such, the Insurance Company is not liable to indemnify the loss. The Authorities below have recorded a categorical finding that it is only the driver, who may be responsible for causing damage to the vehicle by his deliberate action and his connivance with the owner, i.e., Iqbal Singh is not established.
Even the inquiry conducted by the Police reveals that there is no mention of any connivance of driver-Raj Singh with the owner-Iqbal Singh rather the connivance is shown to be between driver –Raj Singh and one Gurdeep Singh alleged to be the owner, which fact was not proved, inasmuch as the record reveals that Iqbal Singh was the actual owner.
In view of the aforesaid facts and circumstances, as the involvement of the owner-Iqbal Singh was not established by the two Authorities below and that the damage has been caused to the vehicle, the Authorities below held the Insurance Company is liable to indemnify the loss. We are in agreement with the finding so recorded by the two Authorities and do not deem it necessary to exercise our extra ordinary discretionary jurisdiction to interfere with the same.
The writ petition is accordingly dismissed as devoid of merit.