RAMESH KUMAR Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) For the limited purpose of this order relegating the complainant to the Civil Court (if so advised) it is not only unnecessary, but would be wasteful to delve too deeply into the facts and merits. It suffices to notice them in the barest out-line.

(2.) Mr. Ramesh Kumar, complainant who has chosen to prefer this complaint through his attorney (and thereafter curiously avoided to appeal as his own witness or to participate in the proceedings in any way) is the owner of Swaraj Mazda (1987 model) vehicle No. HYS-7496. It was insured with the Oriental Insurance Company Limited on the 14th of January, 1989 for a sum of Rs. one lac only. The complainant's case was that the said vehicle was parked near his house at Gohana on the night of the 6th February, 1989 and it was found to have been stolen therefrom in the morning. A first information report was lodged by the brother of the complainant Anil Kumar on the 7th of February, 1989 vide Annexure 5. On the following day of 8th of February, 1989 the vehicle was recovered vide memo exhibit R- 1 and the engine, gear box, wheels and other material parts of the machinery were found missing therefrom. The complainant lodged a claim with the Insurance. Company and meanwhile got an estimate for the repairs thereof from M/s. Globe Tractors, G. T. Road, Karnal to the tune of Rs.1.37,991/-. However on the 20th of December, 1989, the Insurance Company repudiated the claim vide Annexure P-8, the relevant part whereof is in the following terms :-

(3.) Despite subsequent protestations by the complainant, the Insurance Company stuck to their guns in denying all liabilities. The complainant has preferred the complaint raised a tall claim of Rs.2,98,591-19p alongwith additional interest thereon.