K.C.BHARGAVA, D.D.BAHUGUNA
AVADH BEHARI LAL – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. – Respondent
Mr. Justice K.C. Bhargava, President— This is an appeal against the judgment and order dated 4.12.1995 passed by District Consumer Forum, Shahjahanpur in Complaint Case No. 262/1994.
2. The facts of the case stated in brief are that the complainant got his tractor No. UP 27-0910 insured with the opposite party, National Insurance Company, for a sum of Rs. 3,59,000/-. The premium was paid accordingly. On 19th July, 1993 the tractor met with an accident with another tractor for which an FIR was lodged and Insurance Company was also informed. A claim was also put forward before the Insurance Company. After informing the Insurance Company, the complainant got the tractor repaired on which he spent a sum of Rs. 16,000/-. The Insurance Company has refused to pay this amount inspite of the fact that the entire papers were given to the Insurance Company before 16.12.1993. The Insurance Company wants to pay Rs. 1,600/- only. Hence the complainant filed the complaint claiming a sum of Rs. 16,023/- as cost of the repairs, Rs. 2,000/- as compensation and Rs. 2,400/- as expenses alongwith 18% per annum interest.
3. The opposite party filed written statement alleging therein that only a sum o
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