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MALIK SHARIEF-UD-DIN, RAMESHWAR SINGH
DEVI DASS GOPAL KRISHEN WAREHOUSE – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. V.K. Chopra, Advocate.
For the Opposite Parties : None.

ORDER

Mr. Justice Malik Sharief-ud-Din, President — This complaint arises out of a dishonoured insurance policy. The complainant had insured his vehicle 784-JKQ with the opposite party under Policy No. 234102/ 31/91/01114/302, for a sum of Rs. 2,16,500/-. The vehicle was totally lost in an accident due to vis-major on 4.11.1991. A. communication to this effect was addressed to the Insurance Company and the Insurance Company deputed Shri Arora and thereafter one Mr. Deepak Surveyors and both of them reported total loss. In his report dated 26.7.1991 Shri Chopra made a report that in terms of the market value of the vehicle the liability of the Company is to the tune of Rs. 1,86,523/-.

2. The Insurance Company found the claim inadmissible on the ground that the accident in which the vehicle was lost does not fall within Clause F under Section 1 (Loss of damages) as according to their interpretation the loss due to land slide/rock slide does not fall under Clause F (Accidental External Means). Only on this ground his claim has been denied. Objections excepting this particular ground other defence has been offered and the repudiation of the claim was conveyed to the complainant by a lett




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