JYOTIRMOYEE NAG, SUNIL KANTIKAR, S.DUTTA
S. K. LAKHOTIA – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent
Prof. S.K. Kar, Member—The case of the complainant is that his vehicle No. MP-23 B-3447 met with an accident on 4-11-91 nearer to Sambalpur which was reported to Sambalpur Police Station. The complainant also lodged his claim before the National Insurance Co. Ltd. the opposite party No. 2 in pursuance of the Policy No. 101600/ 6312724. The Opposite Party conducted its enquiry and submitted its reports in favour of the petitioner recommending to settle the claim of the petitioner in view of the loss and damage assessed by the Surveyor and the opposite party No. 1 was bound to settle the claim but no step was taken till 22-10-92 when the lawyer’s letter-cum-notice dated 22.-10-92 was served upon opposite party, that the opposite party No. 2 by its letter dated 5-11-92 informed to the petitioner/complainant that as there were some anomalies in the report of the Surveyor and his subsequent clarification, the report has been referred to an expert—an independent person for his opinion. Further, the opposite party No. 2 by his letter dated 3-12-92 informed the petitioner that as the original loss assessed by the Surveyor was exaggerated, it has prejudiced the petition’s right to clai
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