JANTA MACHINE TOOLS Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) -This is a claim primarily against the first respondent - Oriental Insurance Co. , on the allegation that there has been a deficiency in the service which the company was bound to render to the complainant under two policies of general insurance that the complainant had take out with the company. From the facts disclosed by the record and particularly the averments contained in the counter affidavit filed by the first respondent it is seen that the Insurance Company had fully investigated into the claim put forward by the complainant, got surveys conducted and had finally come to the conclusion that the claim put forward by the complainant was false and accordingly informed the complainant that his claim was rejected. Thus this is not a case where the Insurance Company did not take prompt and necessary stops for deciding the claim under the policies of insurance. It may be that the complainant is not satisfied with the said rejection of his claim by the Insurance Company. Having regard to the facts and circumstances of this case and the nature of the controversy between the parties we consider that this is a matter that should be adjudicated before a Civil Court where the complainant as well as the respondent will have ample opportunities to examine witnesses at length, take out Commission for local inspections etc. and have an elaborate trial of the case. Without prejudice to the right of the complainant to take resort to the remedy by way of civil before the proper Court. We dismiss this petition. Petition dismissed.