NATIONAL INSURANCE CO LTD Vs. KHODIL SINGH

JUDGEMENT

(1.) This is an appeal against the order dated 7.6.1999 passed by the District Forum, Tehri Garhwal in Case No.90/1996 whereby the claim of the complainant was allowed for payment of Rs.1,00,000/- along with interest.

(2.) The brief facts of the case are that Smt. Vinay Gaur has purchased a video camera with accessories by taking a loan from the Bank of India. It was insured with the appellant for a sum of Rs.1,00,000/- by two fire policies. During the insurance period of 5.9.1995 a flood affected the area where the complainant was residing and the camera along with accessories was flooded away. The complainant informed the Insurance Company on 29.9.1995 about the flood. The Company deputed Shri R. P. Sharma, Surveyor who submitted his report on 20.11.1995. The Company repudiated the claim on 29.5.1996 on the ground that the address of the respondent, as given is wrong. It is said that in the proposal form, address of the complainant was given at Dhalwala, District Tehri Garhwal but at the time of incident, the complainant was residing in Bahuguna Nagar, Sheesham Jhari, Munni Ki Reti, District Tehri Garhwal. According to the survey report, the loss of the complainant was to the tune of Rs.66,510/-.

(3.) The District Forum took the evidence of the parties and allowed the claim for recovery of Rs.1,00,000/- against which order, the present appeal has been filed.