ORIENTAL INSURANCE COMPANY LIMITED Vs. JAI LAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 28.4.2000 passed by District Consumer Forum, Jyotiba Phule Nagar in Complaint Case No.94/1999.

(2.) The facts of the case stated in brief are that the complainant owns an Eisher tractor Registration No. UP 21 E 9492 alongwith trolley. The complainant got this tractor insured with the Oriental Insurance Company Limited. This tractor was looted by certain persons near village Sateda for which an F. I. R. was lodged in Police Station Hasanpur on 30.11.1998.

(3.) No trace of the tractor was found and hence final report was filed in the Court of Chief Judicial Magistrate by the police on 28.4.1999 which was accepted by him. The complainant put forward his claim alongwith necessary documents. It is further alleged that on the tractor the complainant had taken a loan on account of which a sum of Rs.1,20,000/- was due and the interest is also mounting on this amount. The Insurance Company repudiated the claim on 3.7.1999. Therefore, the complainant filed the present complaint for recovery of Rs.1,89,525/- alongwith 12% per annum interest and Rs.50,000/- as damages.