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PREM NARAIN
V. K. Gupta & Associates – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainants:Mr. Sukumar Pattjoshi, Sr. Advocate with Mr. Somesh Kumar Dubey, Advocate
For the Opp. Party:Ms. Awantika Manohar, Advocate

ORDER

This complaint has been filed by the complainant, M/s. V.K. Gupta & Associates & Ors. against the opposite party.

2. The brief facts of the complaint are that the complainant, namely, M/s. V.K.Gupta & Associates, Engineers & contractors (hereinafter referred to as Complainant) is a partnership firm since 2001. The present case is regarding the work of construction of a bridge over Dundi nallah near Manali (HP) awarded by the Border Road Organisation (BRO). On 29.11.2011, the complainant took “Contractors All Risks Insurance” (CAR) Policy No.35230144110300000002 from the OP in lieu of the agreed premium. Unfortunately on 03.08.2012 at around 10.00 p.m. a flash flood caused by heavy intensity of cloud burst over the Dhundi Peaks flooded the Seri rivulet, a tributary to river Beas, caused havoc to the complainant’s undergoing project of pre-stressed bridge being constructed on Dhundi nallah. On 04.08.2012, immediately after receiving the information from the site, the complainant on lodged its insurance claim under the aforesaid policy with the respondent/OP. On 14.08.2012, the Regional Office of the OP appointed Mr.Baldev Singh Chawla- B-52, Shekhar Apartment, Mayur Vihar, Phase
































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