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D.D.BAHUGUNA, RACHNA, K.C.BHARGAVA
RAJ KARAN SINGH – Appellant
Versus
NEW INDIA ASSURANCE COMPANY LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. Issar Husain, Advocate.
For the Opposite Parties :Mr. M.S. Kotwal, Advocate.

ORDER

Mr. D.D. Bahuguna, Sr. Member—This is a complaint for award of Rs. 2,75,115.37 as the insurance claim along with interest at the rate of 18% per annum as well as compensation and other financial loss against the opposite party, New India Assurance Company Limited.

2. Briefly stated the facts of the case are that the complainant, Raj Karan Singh, is the owner of truck No. UAG 9851. The truck was insured vide policy No. 3112140013554. The insurance was in force from 9.1.1991 to 8.1.1992 for a sum of Rs. 4,00,000/-. The truck had been purchased on 9.1.1989 through hire purchase agreement with Tata Engineering and Locomotive Company Ltd., Bombay. On 12.4.1991 while the truck was on its way from Gosaiganj to Lucknow, an accident took place and the truck was completely damaged. The driver, cleaner and four labourers died on the spot and one labourer sustained injuries and later on saved. Thus there were five labourers engaged in the loading and unloading of the truck. The First Information Report of the incidence was made with the local police station on 12.4.1991 itself. The police investigated and submitted the final report on 2.11.1991. The truck was completely damaged and was kep































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