Mr. Justice J.N. Sarma, President—These three appeals arise out of the common judgment passed by the learned District Forum, Kamrup at Guwahati in CP 24/91,26/91 & 27 of 1991. In CP 24/91 the accident occurred on 29.9.1989 while the vehicle was proceeding from Shillong to Jowai. In CP 26/91 the accident occurred on 29.3.1990 near Mangaldoi when the vehicle was proceeding to Mishamari. In CP 27/91 the accident occured on 2.5.1990 when the vehicle was proceeding towards Narengi from Barpeta Road. The claimant had a carriers liability policy with the Oriental Insurance Co. Ltd. and on the strength of this policy the claimant lodged claim for different amounts for the accidents. It may be stated herein that the vehicles involved in the accident were Oil Tankers and it is alleged that these vehicles carried oil and other lubricants at that point of time. The Insurance Company appeared in the case and filed written statement and took the stand that they are not liable to pay any compensation as it was a pure case of accident and the pure case of accident was specifically exempted by the clause of the policy. That portion of the policy is quoted below :

"that during the currency of this policy or any further period for which it may be in force, subject to the limits, terms, provisions, exclusions, exceptions and conditions contained herein or endorsed hereon the Company hereby agrees to indemnify the insured against his legal liability for actual physical loss of or damage to goods or merchandise directly caused by fire and/or accident to the vehicle registered under No. 118-8998 whilst such goods or merchandise are actually transported in the said vehicle provided that fire or accident has arisen on account of negligence of the insured or negligence or criminal act of his servants and further provided that the vehicle is damaged by such fire or explosion or accident, and a claim in respect thereof is admitted under the motor comprehensive insurance policy covering the vehicle. The cover will commence with the leading of cargo on the vehicle and will be in force until unloading of the cargo at the discharging point or expiry of 3 days after the first arrival of the vehicle at the destination town whichever may first cover".

2. In order to appreciate this contention let us have a look at the police report. In one of the cases, it was stated that the accident took place due to bad road condition and it was a pure case of accident. This is with regard to CP No. 24/91. In other two cases also there is such police report and in those cases also it was stated that these are purely accidental case. On behalf of the claimant Bijoy Kumar Betala examined himself as witness. No where he has stated that this accident was caused due to negligence of the driver. As per the insurance policy, the Insurance Company is liable to pay compensation on account of negligence of the insured or negligence or the criminal act of his servant or if the vehicle is damaged by fire or emplosion or accident. So, it was known to the claimant that if it was a pure case of accident and the Insurance Company shall not be liable for it. In this case, claims were lodged beyond 6 months in each and every case. Further it appears that the Surveyor was appointed in one of the cases to survey the loss and the claimant did not co- operate with the Surveyor and the Surveyor had to submit the report as such. In another case there is a report by one of the Surveyors but that is also after 1 month 18 days from the date of accident. Be that as it may, the learned District Forum, Kamrup dismissed the case on the grounds : (i) delay in lodging the claim, (ii) it is a case of pure accident, (iii) there is no material to arrive and/ or assess the loss claimed by the claimant.

3. We have looked to the deposition of witnesses and in the deposition of the witnesses there is absolutely nothing regarding this claim. So, this finding that there was no material to assess the loss is absolu