NATIONAL INSURANCE CO Vs. PRATAP SINGH BARGLEY

JUDGEMENT

(1.) This is an appeal against the order dated 6.8.1998 passed by the District Forum, Nainital whereby the appellant was directed to pay a sum of Rs.14,686.88 (Rupees fourteen thousand six hundred eighty-six and eighty-eight paise) along with interest @ 12% from 15.9.1992 till the date of actual payment.

(2.) The brief facts of the case are that the complainant Sh. Pratap Singh Bargley lodged a complaint with the allegations that he is the owner of vehicle No. UAB/4007 and the vehicle is insured with the opposite party, Insurance Company. The complainant alleged that on 15.9.1991 his vehicle was coming from Sitarganj to Haldwani. Unfortunately due to coming of animal in front of the vehicle and due to failure of the brakes, the vehicle went out of control, due to which the vehicle fell down in the Nala and because of heavy flow of water his vehicle was damaged. The report was lodged in Thana Chorgalia the same day. He made an estimate of the damaged vehicle, which came to Rs.16,186/- (Rupees sixteen thousand one hundred eighty-six ). He lodged his claim with the Insurance Company. He alleged that opposite party vide its letters dated 6.3.1992 and 30.6.1992 informed him that the vehicle was damaged due to flood and the vehicle in question was not insured in respect of loss due to flood, therefore, his claim has been repudiated.

(3.) The opposite party filed written statement and alleged that the vehicle was damaged due to flood, which loss was not covered under the policy.