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PREM NARAIN
National Insurance Co. Ltd. – Appellant
Versus
Noli Ram – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Animesh Sinha, Advocate
For the Respondent:Mr. Divesh Maheshwari, Advocate

ORDER

Prem Narain, Presiding Member—This revision petition has been filed by the petitioner, National Insurance Company Ltd. against the impugned order dated 27.4.2016 passed by the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (for short, ‘State Commission) in FA No.49 of 2016.

2. Brief facts of the case are that respondent/complainant had insured his petrol pump under the Policy No.371101/11/10/3100001134 issued by the petitioner/OP-National Insurance Company Ltd. and the insurance was valid from 20.3.2011 to 19.3.2012. The complainant’s case is that on 23.7.2011 at around 11-12 p.m., the goods train of 50-60 bogeys passed from the nearby track and he felt a sudden heavy jerk and heard a loud sound due to sudden and screeching halting of goods train. The petrol pump has underground tanks and is about 100 mtrs. away from the railway track. Particularly tank no.2 got damaged due to sudden impact of the stopping of the train. This was found when readings for the two days were compared that 15,529 litres of diesel has leaked inside the soil due to this heavy yank resulting in cracks and holes in the tank. The complainant filed an insurance claim before the petitione





























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