BIJENDER Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The petitioner is aggrieved of the order dated 14.7.2015 of the State Commission, Haryana in first appeal No.346/2014 whereby the State Commission allowed the appeal of the respondent/opposite party on the ground of limitation and dismissed the complaint.

(2.) Briefly put facts relevant for the disposal of the revision petition are that the complainant had insured his trailer No.HR 63A 9861 with the respondent/opposite party for insured value of Rs.14,40,000/-. The insurance was valid w.e.f. 21.12.2007 to 20.12.2008. The insured trailer caught fire on 26.4.2008 regarding which information was given to the police as well as the opposite party. According to the complainant despite of his several visits to the office of the insurance company, insurance claim was not settled and ultimately vide letter 10th July, 2009 the opposite party closed the case as no claim. It is alleged that on receipt of said letter the complainant visited the office of opposite party and submitted various documents but without any fruits. Legal notice was sent on 27th August, 2011 but opposite party did not respond.

(3.) The opposite party in the written statement pleaded that the complaint is barred by limitation. It was also alleged that the claim of the petitioner was closed because he had failed to cooperate with the Surveyor.