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2025 DAILYLAW 3914 (JK)

NATIONAL INSURANCE CO.LTD. v. J AND K STATE CONSUMER DISPUTE AND ORS.

OWP/740/2010 · 2025-03-24

Puneet Gupta, Sanjeev Kumar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 740/2010 National Insurance Co. Ltd. .....Applicant(s)/Petitioner(s) Through :- Mr. Baldev Singh, Advocate v/s State of J & K and Ors. .....Respondent(s) Through :- None CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 24.03.2025 1. Having heard learned counsel for the petitioner at length and pursued the material available on record, we are of the considered opinion that in the instant case, the accident happened on 25.06.2003 whereas the vehicle stood insured with the petitioner firm/company on 24.06.2003. The petitioner company had not only received the premium in cash, but had also issued the policy cover note. 2. The plea of the petitioner company is that the Development Officer was neither competent nor did he actually inspect the vehicle before insuring it. This plea of the petitioner company cannot be accepted in view of the legal position clearly settled. The company which has received the premium and issued the policy cover note cannot take such pleas if the accident has happened during the period covered by the policy. Sr. No. 06 2 OWP No. 740/2010 3. Being confronted with the aforesaid position, learned counsel appearing for the petitioner could not show us any contrary judgment of this Court or of the Supreme Court. 4. For the reasons stated hereinabove, we find no merit in this petition and the same is accordingly dismissed. (Puneet Gupta) (Sanjeev Kumar) Judge Judge JAMMU 24.03.2025 Manik