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I.D.BALI, KRISHANA TANDON, P.N.NAG
ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
ROMESH KUMAR – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Ashwani Kumar Sharma, Advocate.
For the Respondents:Mr. Ravi Bakshi, Advocate.

ORDER

Mr. Justice P.N. Nag, President — This appeal is directed against the order of the learned District Forum, Kullu, dated 27.11.95, whereby the appellant (hereinafter to be referred to as the Insurance Company) has been directed to pay to the complainants/respondents (hereinafter to be referred to as the respondents) Rs. 9,214.50 as Insurance Claim alongwith interest @ 12% per annum from the date of repudiation of the claim till the actual payment and also cost of Rs. 250/-.

2. The case set out by the respondents is that they owned a partly constructed house situated at Kullu which was insured with the Insurance Company for the period from 3.6.93 to 2.6.94 and they had been paying the insurance premium on that account. During the period when the insurance policy was in force, there were flash floods in Kullu which resulted in sinking of Municipal path running just behind the aforesaid house of the respondents and the debris thereof alongwith flash flood water hit the back portion of the house and completely caused loss/damage to the aforesaid portion of the house, which part/ portion had to be demolished later on. This has been elaborated in the rejoinder filed by the respondents











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