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S.N.MISHRA, S.HANSDA
NIMAZ KHAN – Appellant
Versus
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. – Respondent


Counsel for the Parties :
For the Appellant :Mr. Amarnath Sahay and Mr. Devraj Paul, Advocates.
For the Respondent:Mr. Alok Lal, Advocate.

ORDER

Mr. Justice Choudhary S.N. Mishra President—Vakalatnama is being filed on behalf of the respondent. Let it be kept on record.

1. The unsuccessful complainant is the appellant in this appeal which arises out of the judgment and order dated 20.8.2002 passed in Complaint Case No. 23/2000 on the file of the District Forum, Gumla whereby the petitioner’s claim of Rs. 1,50,000/- against the complainant has been rejected.

2. The learned Counsel appearing on behalf of the appellant has challenged the order impugned and submits that the rightful claim of the complainant has been rejected on flimsy ground.

3. In opposition, however, Mr. Alok Lal appearing on behalf of the respondent submits that no document whatsoever has been filed by the complainant in support of his claim. It is further submitted that the driver had no valid licence, as such, the claim cannot be entertained. It is further submitted that Surveyor report is not binding upon the Insurance Company unless and until the requisite conditions of the policy is fulfilled by the insured.

4. It is true that the complainant has not filed any document in support of loss incurred by him in repairing the vehicle, in question. On the con




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