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R.N.MITTAL, B.L.ANAND, AVTAR PENNATHUR
SUSHILA GAUTAM – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Appellant : Mr. R.K. Aggarwal, Attorney.
For the Respondent:Mr. Kishore Rawat, Advocate.

ORDER

Mr. Justice R.N. Mittal, President — Briefly, the case of the complainant is that her husband purchased a new Tata Truck in the year, 1982. It was registered by the Registering Authority and numbered as UPP-8645. He transferred that truck in the name of the complainant subsequently and the Registering Authority registered That in her name. The registration number was then changed to DIL-2562. The said truck required heavy repairs and for that purpose she arranged a loan of Rs. 50,000/- from M/s Sanjit Finance Company, New Delhi. On 3rd November, 1986, the vehicle was got insured with the respondent for comprehensive risk for the period from 3rd November, 1986 to 2nd November, 1987.

2. The vehicle was got duly repaired in November, 1986. The complainant, it is pleaded, found the truck missing from the place where it was parked alongwith registration book and insurance policy, which had been kept in the truck. On enquiry she was informed by some neighbours that Shri R.C. Misra had taken away the truck and one bearded person was driving the same. She lodged a report about the theft with the police at Police Station, Ghaziabad. On 12th December, 1986, she also reported about the th













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