NATIONAL INSURANCE COMPANY LTD Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) Since notice could not be served on the respondent, petitioner was permitted to effect substituted service on the respondent by way of publication in the newspaper. Even then, respondent did not remain present nor engaged any Counsel to represent his case.

(2.) The only question that requires consideration in this Revision Petition filed by the Insurance Company-Petitioner, is whether the complainant is entitled to get compensation for the loss of fish due to insufficient availability of dissolved oxygen in water because of cloudy weather which had prevailed for more than a week in the area in question.

(3.) It is the contention of the Insurance Company that there is a specific exclusion clause which provides that the Insurance Company shall not be liable in respect of loss arising from or through 'asphyxia'.