KRISHANA TANDON, P.N.NAG, I.D.BALI
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
SATYA PARKASH AND CO. – Respondent
Mr. Justice P.N. Nag, President — The challenge in this appeal is to the order of the learned District Forum, Chamba, dated 23.11.95, whereby the opposite party/appellant (hereinafter to be referred to as the Insurance Company) has been directed to pay to the complainant/respondent (hereinafter to be referred to as the complainant) a sum of Rs. 1,50,000/- for the loss of his vehicle alongwith interest @ 15% from 1st January, 1989 till actual payment and also costs of Rs. 1,000/-
2. The relevant facts necessary to be mentioned for determining the point in controversy are that the complainant's Tractor Bulldozer No. TD-20 was insured by the complainant with the Insurance Company for a sum of Rs. 1,50,000/- for the period from 29.7.88 to 28.7.89. While the complainant-firm was dealing in slate quarries and were operating slate mines at Gehra, in the month of September, 1988, the insured dozer had fallen in a Nallah near Gehra due to heavy rains and was buried under debris and boulders and it was not possible to extract the dozer. At the relevant time, the insurance policy was in force. The Insurance Company has resisted the claim of the complainant on the ground that the loss suff
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