ORIENTAL INSURANCE COMPANY LIMITED Vs. HUSNA BANO

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 29.1.2000 passed by District Consumer Forum, Jhansi in Complaint Case No.56/1999.

(2.) The facts of the case stated in brief are that the Truck No. MP 09 K 3108 was got insured by the complainant with Oriental Insurance Company Limited, opposite party/appellant for the period from 10.5.1996 to 9.5.1997. The said truck met with an accident on 25.2.1997 in Kanpur. The information was given to the Kanpur office of the Insurance Company on the next day. The Insurance Company appointed Sri L. D. Jatariya, Surveyor who made a survey on the same day. After receipt of the report of the Surveyor, the complainant was asked by the Insurance Company to get the vehicle repaired. The complainant submitted an estimate of Rs.80,000/- to the Insurance Company and got the vehicle repaired at Kanpur. When the claim was not settled for more than a year and on 20.5.1998 the claim was repudiated on the ground that cash memos filed by the complainant were not found correct and the firms/shops which issued this cash memo was not found in existence.

(3.) The Insurance Company in its written version, admitted the insurance and alleged that out of six bills filed by the complainant, only one shop issuing one bill was found in existence.