BABU RAM Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) THIS appeal is directed against the order of District Forum, Shimla, Camp at Solan, in Consumer Complaint No.17/2002, dated 11.8.2006 wherein it was observed that since complicated question of fact has arisen in this case, as such it would be in the interest of justice that parties are relegated to the civil court for trial and adjudication of the claim as set up by them before the District Forum below.

(2.) THE facts of the case that emerges from the complaint file are, that appellant had taken insurance policy against theft of 58 logs of deodar trees and 35 logs of chil trees for a sum of Rs. 3,00,000. This policy was valid from 9.2.1998 to 8.2.1999. The insured timber was stolen on 8.7.1998 from the godown/store where the timber was kept. Thereafter the claim was lodged with the respondent by the appellant, but the respondent has failed to settle the claim of the appellant, hence the appellant had initially filed a complaint No. 115/2000 before the District Forum below which was disposed of by the District Forum below vide order dated 7.9.2001 with the directions, that insurance company is to settle the claim within 90 days.

(3.) THEREAFTER the respondent vide order dated 18.10.2001 repudiated the claim of the appellant, hence present complaint was filed against the respondent to indemnify the appellant to the tune of Rs. 2,70,000 since deficiency of service has been alleged against the respondent.