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PREM NARAIN
Dhanajay – Appellant
Versus
Genaral Manager, United India Insurance Company Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Amol Vishwasrao Deshmukh, Advocate
For the Respondents:Mr. Pradeep Gaur, Advocate with Mr. Amir Gaur, Advocate

ORDER

This appeal has been filed by the appellant Dhanajay against the order dated 26.12.2014 of the State Consumer Disputes Redressal Commission, Maharashtra, (in short ‘the State Commission’) passed in Complaint Case no.13 of 2012.

2. Brief facts of the case are that the appellant was complainant before the State Commission. Complainant had purchased R-210-7 Hydraulic Excavator from Hyundai Constructions Equipment India Ltd., for the consideration of Rs.42,00,000/-. The excavator was insured with the opposite party Insurance Company through Miscellaneous and Special Type of Vehicle Package Policy. The duration of policy was from 27.2.2011 to 27.2.2012. While obtaining the policy, the complainant paid in total Rs.43,275/- in respect of service tax and premium etc. On 8.3.2011, the insured vehicle while digging canal, accidently went down inside the earth and got stuck there. Complainant tried to remove the said machine for 2 days but was unable to do so. During this period, water from Godavari river increased and machine got totally sub-merged in the water. The complainant had to spend huge amount i.e. Rs.6.5 lakh for removing the machine. The complainant submitted to the opposite

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