NATIONAL INSURANCE COMPANY LIMITED Vs. SUNDER SINGH

JUDGEMENT

(1.) ADMITTED facts of this case are that truck bearing registration No. HP -17 -4478 was 1993 model vehicle. It met with accident on 16.12.1999 when it was insured under valid policy of insurance with the appellant. At the time of hearing parties were not at variance of these facts.

(2.) VEHICLE was insured at the "insured's estimated value," at Rs. 3,75,000 as is evident from Annexure -B with the complaint. This is the copy of cover note. This document is again not disputed on behalf of the parties.

(3.) IN this background Mr. Tomar, learned Counsel for the appellant submitted that since claim has not been repudiated by his client till date, as such the complaint was time barred because for want of papers, as his client could not examine the case of the respondent and take a final decision regarding admissibility of the claim, if any. This is evident from Annexure -E filed with the complaint. Before dealing with the submission of Mr. Tomar regarding file have been closed as 'no claim' and at the same time complaint being time barred, it is necessary to refer to paragraph -2 of the complaint and its reply. For ready reference paragraph -2 of the complaint and its reply respectively is extracted herein below.