OM PARKESH CHAWLA Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) Om Parkash Chawla of Chandigarh, the complainant has alleged that he purchased Tata make truck described in para No. 1 of the complaint in the year 1992 and its registration No. is CH-01-II -1316. It was insured with the respondent-Insurnce Company for the period 7.8.93 to 6.8.94 for a sum of Rs. 5,00,000/- and premium in the sum of Rs. 9,456/- was paid vide Cover Note dated 7.8.93. It was at 5.30 p.m. on 5.4.94 at village Daultpur when the truck carrying bamboos and husk was going from Amrawati to Surajgaon in Maharashtra for collecting oranges. There was a sudden spark as overhead electric wire in the vicinity touched the body of the truck. As a consequence thereof the truck caught fire and it was devastated. The matter was reported to the police and fire tender was also requisitioned. Copy of the FIR in Annexure C-2. The fire extinguishing charges were paid vide Annexure C-3. On 25.4.94 the complainant lodged a claim with the respondent-Insurance Company and had been contacting them but the claim was delayed on one pretext or the other, and subsequently it was declined .A notice dated 21st September, 1994 was also issued to the respondent through registered A.D., Annexure C-5. The complainant has claimed a total sum of Rs. 6 lacs on account of the losses detailed in paras 13 to 15 of the complaint.

(2.) The respondents filed a reply wherein it has been averred that the complainant himself was to be blamed for the negligence and loss to the truck. It was also averred that the truck in question exceeded the permissible height of 3.8 meters (12.9 feet) under the Motor Vehicles Act. It was after examining the claim from all angles that it was repudiated. The height of the overhead wire at the place of occurrence was 6 meters from the ground level.

(3.) The truck in question was registered at Chandigarh and the complainant got it insured with the respondents at their Chandigarh Office. These facts provided territorial jurisdiction to this Commission notwithstanding that the occurrence in question took place in Maharashtra. As seen above the occurrence of loss has not been controverted. Here the plea of the respondents had been that the complainant himself was to be blamed for the loss inasmuch as the truck was loaded with bamboos and hay and the height exceeded 3.8 meters (12.9 feet). Besides this the truck had erected the canopy over the body which exceeded beyond permissible limit and was cause for coming in contact with the overhead electric cable which caused ignition and resulted in fire to hay and the other material.