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R.N.MITTAL, A.N.SAXENA
GUPTA & GUPTA – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. P.P. Malhotra, Sr. Adv. with Mr. S.C. Puri, Advocate.
For the Opp. Party :Mrs. Lalita Bajaj, Advocate.

ORDER

Dr. A.N. Saxena, Member — The brief facts of the case are that M/s. Gupta & Gupta, Chartered Accountants purchased a Car No. DNH 6444 Contessa Classic Model (1989) on 29.11.89 for a sum of Rs. 2.5 lacs and got the same insured with the respondent Co. for a sum of Rs. 2.5 lacs by paying a premium of Rs. 3,331/- for the period 21.11.91 to 20.11.92.

2. The above car met with an accident on 4.1.92 in which the car was completely damaged and the son of the complainant sustained serious head injury and finally succumbed in the hospital. The complainant lodged an FIR on 5.1.92. He further submitted his claim with the respondent Co.’s Branch Office in Model Basti, Delhi on 27.1.92.

3. It is stated by the complainant that in view of the delay on the part of the respondent Co. to settle the claim they wrote a letter on 5.6.92 requesting for an early settlement of the claim. That they again wrote to the Chairman of the respondent Co. at their HQ’s in Bombay on 30.6.92 seeking intervention in expediting his claim. That no satisfactory reply was received from the Head Quarter of the respondent Co. The only communication received was dated 8.7.92 which stated that we are enquiring from our co















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