NAIN SINGH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal has been filed by the complainant-appellant against the order dated 26.9.2000 passed by the District Forum, Pali in Complaint Case No.144/99, by which the complaint of the appellant was dismissed.

(2.) It arises in the following circumstances: that the complainant-appellant had filed a complaint against the respondents before the District Forum, Pali on 23.9.1999 inter alia stating that the tractor bearing No. RJ-22 R-1655 was got insured by the complainant-appellant with the respondents for the period 21.3.1998 to 20.3.1999 for a sum of Rs.1.50 lacs. It was further stated in the complaint that on 16.3.1999 when the tractor in question was driving by the son of the complainant-appellant, a Neel Gai came suddenly and the tractor had met with an accident with Rojara and tractor was damaged and for the damage a claim was preferred. But the claim of the complainant appellant was repudiated by the Insurance Company respondents through letter dated 12.8.1999 inter alia holding that the damage which has been caused to the tractor was not because of accident but because of mechanical break down and as per terms of the policy the claim was not payable. Thereafter the present complaint was filed.

(3.) A reply was filed by the respondents Insurance Company in which they have taken the same pleas which they have taken in the repudiation letter dated 12.8.1999.