MANAK SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS first appeal is directed against the order passed by Uttar Pradesh State Commission at Lucknow dated 7th of July, 1993 dismissing the complaint by a majority decision.

(2.) THE complainant filed a complaint before the State Commission alleging that he had purchased the chasis of the truck bearing registration No. UPM 4757 model 1987 for Rs. 2,45,000/- and invested Rs. 1.00 lakh for the manufacturing of body and later on got it insured for Rs. 3.00 lakhs with New India Assurance Company Ltd. for the period 9.9.88 to 8.9.89 comprehensively by paying a premium of Rs. 4,421/-. The complainant paid on 7.4.89 further premium of Rs. 90/- covering 'terrorist "s risk' from 7.4.89 to 8.9.89. The complainant alleged that he had got the policy renewed in continuation of old policy covering all risks inclusive of terrorists risk for the period 9.9.89 to 8.9.90. Truck No. UPW 4757 loaded with coal was set on fire on 9.8.90 within jurisdiction of Police Station Sidli, Distt. New Bongaigaon (Assam) and an FIR was lodged. The complainant by letter dated 13.8.90 informed the New India Assurance Co. that the said vehicle while proceeding towards Sreerampur was burnt down by suspected Bodo militants near Samthaibari in Bongaigaon District at 6.30 a.m. on 9.8.90 and the driver and the handyman of the vehicle had sustained injuries and have been shifted to Sidli Public Health Centre. The complainant thereafter submitted a claim for total loss of vehicle. The claim was repudiated by the Insurance Company in the letter dated 24.1.91 on the ground that the damage sustained by the complainant was the result of suspected Bodo militants as mentioned in letter dated 13.8.90 as well as on enquiry and that the policy did not cover risk of terrorists activity. The complainant thereafter filed the complaint before the State Commission.

(3.) AT the time of hearing of this appeal Mr. M.R. Chawla the learned Counsel for the appellant again submitted that the policy issued by the Insurance Company was comprehensive and it would cover all kinds of risks unless some exclusions are made. We have again gone through the records of this case. A copy of the policy of insurance for the period 9.9.89 to 8.9.90 is on the record. It is a commercial vehicle and a comprehensive policy had been issued by the New India Assurance Company Ltd. with respect to the said vehicle in the sum of Rs. 3 lakhs. Section 1 deals with the loss or damage and reads as under: