LAWS(NCD)-1994-11-97

OM PRAKASH PRASAD Vs. NATIONAL INSURANCE COMPANY LTD

Decided On November 24, 1994
OM PRAKASH PRASAD Appellant
V/S
NATIONAL INSURANCE COMPANY LTD Respondents

JUDGEMENT

(1.) This appeal has been filed by the complainant who is appellant here against the order dated 18th of December, 1992 passed by the District Forum, Sitamarhi dismissing the Case No.43 of 92 filed by the complainant against the opposite party who is respondent here.

(2.) For the disposal of this appeal the facts of the case may be noticed with utmost brevity. The complainant filed a case before the District Forum alleging that he got his Motor Cycle bearing Registration No. BPK 903 insured by the National Insurance Company Limited, Sitamarhi Branch of which the opposite party is the Branch Manager; that the said Motor Cycle, however, met with an accident on 15.11.91 causing extensive damage for which he filed his claim before the Insurance Company-opposite party on 18th November, 1991; that in spite of repeated reminders the opposite party did not settle the claim of the complainant and in the meantime the complainant got his motor cycle repaired incurring heavy cost and that under the circumstances the complainant was forced to file this case before the District Forum.

(3.) On being noticed the opposite party appeared and filed counter version controverting the claim of the complainant mainly on the ground that the motor cycle of the complainant has not met with any accident and the claim of the complainant, therefore, is bogus and is fit to be dismissed.