NATIONAL INSURANCE CO LTD Vs. BHAGWATI CHARAN AGARWAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 2.7.1998 passed by District Forum, Pauri Garhwal, whereby the claim of the complainant was allowed for compensation of Rs.1,38,438/-.

(2.) The brief facts of the case are that the complainant had a truck. It was insured from 23.11.1995 to 27.11.1996. On 29.2.1996 it met with an accident. The Surveyor inspected the truck and assessed the loss. But the respondent was ready to pay only Rs.22,000/-. Therefore, the complaint was filed. The learned Counsel for the Insurance Company argued that the District Forum, Pauri Garhwal has got no jurisdiction because the accident took place near Nazibabad, Distt. Bijnore and the insurance was also made at Nazibabad. There is no branch office at Kotdwar. It was further alleged that the complainant is not entitled to the amount of claim, but his only loss was not more than Rs.22,000/-. After hearing the learned Counsel for the parties, the learned Forum allowed a compensation of Rs.1,38,438/-, against which order, the present appeal has been filed.

(3.) We have heard the learned Counsel for the parties and gone through the records. The accident took place on 29.2.1996 while it was coming from Bijnore to Kotdwar near Jalalabad. It is said that the accident took place in Bijnore District. However, the insurance was done at Kotdwar. The cover note was issued at Kotdwar. The insurance amount was paid at Kotdwar. Therefore, the insurance being one of the part of the cause of action, the complainant was fully entitled to file a complaint before the District Forum, Pauri Garhwal within which jurisdiction, Kotdwar town is situated.