NEW INDIA ASSURANCE COMPANY LTD. Vs. MANDEEP SINGH

JUDGEMENT

(1.) Appellant has filed this appeal challenging order dated 21.11.2006, passed by State Consumer Disputes Redressal Commission, Chandigarh (for short as 'State Commission') in Original Complaint No.5 of 2003.

(2.) Brief facts are that respondent/complainant was owner of a truck which he purchased on 7.1.2001 under Telco Finance Scheme. The truck was got comprehensively insured with petitioner/O.P. Insurance Company for the sum of Rs.6.95 lac . The period of insurance was 31.12.2001 to 30.12.2002. By order of Deputy Commissioner, Bhatinda, the truck was hired by military authorities through District Administration (District Magistrate) on 24.12.2001. For the user of the truck by the military authorities they were to pay Rs.1,500/- per day to the respondent as per Punjab Govt. Notification No.2/10/91-4T(2)4774 dated 18.4.2000. The truck was handed over to the military authorities. On 11.1.2002, while the truck was in cantonment of Bikaner (Rajasthan), due to fire in the yard, the truck in question alongwith other vehicles caught fire and was completely destroyed. The claim was lodged with the petitioner, which repudiated the claim, vide letter dated 23rd January, 2003 on the following grounds;

(3.) In its written statement, appellants took preliminary objection No.1 as under;