HANS RAJ ANAND Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE Complainant herein, who was the owner of a Tata Diesel, Truck, had insured the truck with the Opposite Party Company� Oriental Insurance Co. for as sum of Rs. 4,75,000/-for the period 6.12.1991 to 5.12.1992. While the truck was proceeding with a load of wooden sleepers from Jarmola to Dehradun, it had to stop en-route on 307.1992 due to land slides having blocked the traffic on the road in question. Unfortunately, the portion of the road where the truck had been parked, seems to have given way by reason of the caving in of the earth in the concerned portion of the road due to the collapse of the embankment supporting the road and as a result thereof the truck fell in the flood waters of river Yamuna resulting in the death of the Conductor and his wife who were then seated in the truck. Since the truck was a total loss inasmuch as it fell into the mudy water of the river and could not be traced, the Complainant preferred a claim before the Insurance Company seeking to be indemnified for his loss under the terms of the policy. Intimation about the accident had been given by the Complainant to the Opposite Party Company on 1.8.1992 and simultaneously the claim was also preferred by the Complainant before the Insurer.

(2.) THE Insurance Company seems to have appointed a surveyor who took his own time to furnish a report to the Insurer. Ultimately the Complainant was compelled to approach this Commission with the present complaint since the claim made by him before the Insurer remained unsettled despite the lapse of nearly one year. After receipt of notice from this Commission, the Opposite Party� Insurance Company served on the Complainant a letter dated 9th July, 1993 repudiating the liability stating that the claim lodged by the complainant was not payable under the policy. The letter is a very brief one. It reads as follows;