LAWS(NCD)-2008-4-82

KAMLESHWAR PRASAD SINGH Vs. NATIONAL INSURANCE CO LTD

Decided On April 04, 2008
KAMLESHWAR PRASAD SINGH Appellant
V/S
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) -THE petitioner/complainant is aggrieved by the order of dismissal of complaint in appeal filed by the National Insurance Company Limited.

(2.) BRIEF facts of the case are as under: the Public Career Bus bearing No. BR-12a-9181 was insured for the period starting from 31. 3. 1997 to 29. 3. 1998. The Bus was going from Giridih to Dumka. On 22. 7. 1997, while the bus was plying from Giridih to Dumka, it met with an accident on account of burst of front right tyre and steering failure while crossing the bridge and fell down in Ushri River. It was totally damaged. Driver and some passengers died. A criminal case under Sections 279 and 337, IPC was registered.

(3.) THE Insurance Company was informed on 23rd July, 1997. The petitioner/complainant preferred claim with the Insurance Company. Shri Ranjvir Kumar, Surveyor was deputed by the Insurance Company. He assessed the loss and damage of the bus of Rs. 3,77,824. 60 paise. After submission of the report, the complainant sent several reminders to the Insurance Company for settling his claim. The claim was not settled by the Insurance Company. Ultimately, be filed a complaint on 30. 3. 2001.