UNITED INDIA INSURANCE COMPANY Vs. SHARDA ASSOCIATES

JUDGEMENT

(1.) The complainant / respondent owned a JCB Excavator machine, which he had got insured with the petitioner company for the period from 05.3.2009 to 04.3.2010 at an IDV of Rs.13.5 lacs. The case of the complainant is that on 25.5.2009, the insured excavator while being used for road making, met with an accident, which resulted in its total loss and death of its operator and helper. It is alleged that the machine was working at site when the road side edge suddenly got broken, as a result of which it rolled down 500 mtr. down the road. This is also the case of the complainant that the salvage could not be retrieved and Forest Department refused permission for making way to retrieve the salvage since that would have resulted in felling of trees.

(2.) The claim lodged by the respondent with the petitioner, however, was repudiated vide letter dated 13.4.2010, which to the extent it is relevant, reads as under:

(3.) Being aggrieved from the repudiation of the claim, the complainant/ respondent approached the concerned District Forum by way of a consumer complaint.