MURALIDHAR SARANGI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The appellant was the owner of two trucks No. AMA 8761 and OAC 7123 in respect of which he had obtained two Policies, namely, (i) Policy No. 3521504 00591 for the period from 11-8-1988 to 10-8-1989 and (ii) Policy No. 31521504 00984 for the period from 5-2-1989 to 4-2-1990.

(2.) On 23rd of March, 1989, while the aforesaid trucks were carrying goods to the State of Assam on National Highway No. 31A, they were attacked at a place at Thaplaijhara in Kokrajhar District by Bodo terrorists with the result that both the trucks were completely destroyed by fire and the driver of one of the trucks was shot dead. The matter was reported to the police and the Officer-in-charge of the Police Station Gossaigaon, District Kokrajhar also issued a Certificate on 13-6-1989 that the incident, as reported, was found to be correct on investigation. It was also certified that the accused could not be traced nor could any clue be found.

(3.) The appellant informed the respondent about the loss sustained by him and claimed indemnification in terms of the Insurance Policies in respect of the two trucks which were destroyed by the fire caused to them by the Bodo extremists. The respondent appointed surveyors who submitted the reports dated 29-5-1989 and 30-5-1989 in respect of the trucks in question and gave their own assessment of the loss sustained by the appellant. It is stated that the respondent, through a letter dated 2-3-1990, issued by the Divisional Manager, New India Assurance Co. Ltd., offered an amount of Rs. 1,43,000/- for settlement of the claim in respect of truck No. AMA 8761. It appears that it was not acceptable to the appellant who consequently issued a notice to the respondent on 22-3-1991. It was in reply to this notice that the respondent, by their letter dated 30-7-1991, repudiated the claim of the appellant on the ground that the Policy did not cover the terrorist action and, consequently, nothing was payable to the appellant under both the policies. The appellant filed a complaint before the State Consumer Disputes Redressal Commission, Cuttack, Orissa (for short, 'the State Commission') which, by its judgment dated 9-4-1992, allowed the claim together with Rs. 5000/- as damages in respect of the vehicles in question for delaying the settlement of the claim without any justification. It was directed that the amount assessed by the Surveyors in respect of both the trucks would be paid to the appellant. The State Commission recorded a finding that the action of the Bodo terrorists in damaging and completely destroying the trucks in question by fire would amount to a "MALICIOUS ACT", contemplated by the Policies of Insurance and, therefore, the respondent was liable to make good the loss in terms of the Insurance Policies taken by the appellant for the two trucks. The respondent challenged the order of the State Commission before the National Consumer Disputes Redressal Commission, New Delhi, (for short, 'the National Commission') which, by its judgment dated 16-11-1993, allowed their appeal and held that the loss caused to the trucks in question by the act of Bodo terrorists was not covered by the terms of the Insurance Policies and as such the appellant was not entitled to claim indemnification of the loss sustained by him. It is in these circumstances that the present appeal has been filed.