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Judgment
Aftab Alam, J.—Heard counsel for the petitioner. The petitioner seeks a direction to the respondent Insurance Company for payment of the insurance claim for the loss of his Maruti Van which according to her was stolen from her on gun point.
According to the petitioner she had taken a policy for the Maruti Van bearing registration No. B.P.K. 5881 and had paid its premium on 21.2.1992. The insurance coverage was from 21.2.1992 to 20.2.1993. It is alleged that the car was stolen from her on gun point two days later on 23.2.1992. She made a claim for the insured amount but the Insurance Company did not make the payment to her and finally by letter dated 21.4.2003 intimated her that there was no record of any insurance relating to her vehicle and rejected her claim.
In support of the claim of insurance of the vehicle, the petitioner has annexed (as Annexure-2) a photo stat copy of the certificate of insurance. It is dated 21.2.1992; the figure ''92'' has been made after correction and over-writing over the figure ''93''.
In the counter affidavit filed on behalf of the Insurance Company this document is described as fake and manufactured. It is Company but by some agent who was not authorised to accept any premium or to issue the insurance certificate. It is further stated that there is no corresponding record of the certificate in the office of the company and the signature of the issuing person also does not tally with the record. A number of other anomalies are also pointed out.
In the counter affidavit it is further stated that in respect of the vehicle a policy was taken on 28.2.1992. The payment of the premium amount was made by a cheque. That was returned unhonoured with a note ''refer to drawer''. The applicant for the policy was duly intimated in this regard by letter dated 9.4.1992.
In view of such disputed questions of fact no relief can be granted to the petitioner by this writ court. This writ petition is dismissed. The petitioner, if so advised, may seek her remedy, in accordance with law before a forum that may take evidence and go into disputed questions of fact.