RAJWINDER SINGH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The present Appeal has been filed against the order dated 24.10.2016 of the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (in short 'the State Commission') in CC/2016/31.

(2.) Ia No. 1690 of 2017 is an application for condonation of delay. According to the Appellant, there is a delay of 55 days in filing the present Appeal, whereas, according to the Registry there is a delay of 68 days. In view of the averments made in the application, the delay is condoned.

(3.) The Complainant/Appellant purchased a JCB Model (JS140) 2126078, Engine No.84088162. The machine was insured with the Opposite Party from 13.02.2014 to 12.02.2015. The Complainant used to give the machine to Companies and contractors on hire, which was his only source of livelihood. The case of the Complainant is that he had given his JCB machine to Malamohan Builders for a period of two months from 25.07.2014 on a rent of Rs.1,50,000/- per month. On 04.08.2014, the Complainant received information that his machine had been burnt by some unknown elements at Degrapar Hardelal Mandhr, Police Station, Suregaon, District Balod. This incident was reported to the Police and an FIR was also lodged on 23.08.2014. The Insurance Company was also informed on the same day. Engineer of the Opposite Party made spot survey and opined that the machine could not be repaired. Complainant filed Insurance Claim with the Opposite Party, but the Opposite Party did not give any response to the Complainant. On 21.01.2016, the Complainant sent a legal notice to the Opposite Party, but in vain. The Complainant, therefore, filed a Complaint before the District Forum with following prayer: -