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V.K.JAIN
New India Assurance Co. Ltd. – Appellant
Versus
Jahangir Sheikh – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. S.L. Gupta, Advocate

ORDER (ORAL)

V.K. Jain, Presiding Member—The complainant/respondent owned a Mahindra Bolero Pickup vehicle which he had got insured with the petitioner company for the period from 28.03.2014 to 27.03.2015. The said vehicle met with an accident within the jurisdiction of P.S. Karalpora in District Kupwara of J&K resulting in death of the driver and total loss of the vehicle. An FIR was registered at the concerned Police Station. On intimation being given to the petitioner, a surveyor was appointed to assess the loss. The claim however, was closed by the petitioner vide letter dated 21.03.2016 which to the extent, it is relevant, reads as under:—

Please refer to our Regd. Letters dated 10.2.2016 and 01.03.2016 in connection with claim of your above vehicle which met with an accident on 13.1.2015 at Kupwara, J & K and FIR No.04/2015 was lodged at PS Kralpora Distt. Kulwara. We requested you provide us copies of the Route Permit and also copies of Post Mortem Report/Injury Certificate (MLR) of the deceased/injured person and any other information about other personas who were travelling in the vehicle at the time of accident. But we are sorry to note that you have not submitted the req














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