ORIENTAL INSURANCE COMPANY LTD Vs. ANANDA KUMAR AGRAWALA

JUDGEMENT

(1.) The Insurance Company is in appeal. The case of the complainant is the repudiation of claim by the Insurance Company on the ground of violation of terms of insurance policy was arbitrary and whimsical. The mini truck of the complainant bearing Regn. No. OR-15-A 2271 was comprehensively insured with the Oriental Insurance Company Ltd. This insurance was valid up to 6.8.1994. It met with an accident on 12.6.1994 while coming back from Talcher after delivery of goods at Talcher, sent from Katapali, Sambalpur.

(2.) On 12.6.1994 the vehicle carried steel furniture of Sanjay Udyog of Katapalli, Dist-Sambalpur to Talcher of Dist. Angul. After unloading the goods at destination the vehicle was returning back on the next day. It was empty near village Ambapal, a group of persons stopped the vehicle forcibly and compelled the driver to carry them in the truck to Sambalpur. They had with them musical instruments. According to them they were coming to Sambalpur to participate in Sithal Sasthi Festival. The driver protested, but assaulted, was compelled to take all persons.

(3.) On the way, the vehicle met with an accident and was damaged and some of the passengers were injured. The matter was reported to the Insurance Company on 14.6.1995. One Surveyor was deputed to inspect the vehicle at the spot. Thereafter the vehicle was towed to Sambalpur and repaired at Ramesh Garrage. Another Surveyor was deputed to inspect the vehicle and to assess the loss. He made an agreement with the complainant for Rs.22,000/- for the cost of the parts to be replaced and also for labour charges. A sum of Rs.5,000/- was deducted towards depreciation and cost of salvages. The balance amount of Rs.17,000/- was to be paid to the complainant.