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S.S.SANDHAWALIA, S.KULWANT SINGH
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
RACHPAL SINGH – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. R.K. Chhibbar, Sr. Adv. with Miss Rattan Laxmi, Advocate.
For the Opp. Party :Mr. S.C. Jaswal, Advocate.

ORDER

Mr. Justice S.S. Sandhawalia, President— Whether loss or damage by accidental external means occasioned by a mechanical failure or defect in a Motor Vehicle is covered by a Comprehensive Insurance Policy, therefore? This is the somewhat significant issue raised in the present appeal.

2. The respondent-consumer had got his Motor Car insured under the comprehensive policy and the same met with an accident during the period of the insurance cover on the 23rd of June, 1992 whilst the vehicle was being driven to Delhi. The steering wheel thereof got free and the driver having lost control, the vehicle hit a big heap of stones causing serious damage thereto including the engine block thereof itself. Inevitably, the respondent-consumer filed a claim for Rs. 22,000/- and completed the required formalities including the submission of regular bills etc. However, the appellant insurers rejected the claim on the ground that the damage to the vehicle had been occasioned due to a mechanical fault or break down therein. Unable to get redress, the respondent knocked at the door of the District Forum.

3. The appellant-insurers contested the claim, whilst admitting the broad matrix of facts as re








































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