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SUBASH MAHTAB, BASANTI DEVI
BABULAL AGRAWAL – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates Appeared:
M/s. P.K. Sharma and Assoc., Advocates, for the Appellant; M/s. A.K. Mohanty and Assoc., Advocates, for the Respondent

ORDER

1. The unsuccessful complainant in CD Case No. 23 of 2000 of the District Forum, Bargarh has filed this appeal challenging the orders dated 6.9.2001 in the said CD case, as per which the District Forum has dismissed the complaint petition being devoid of merit, there being no cause of action and the complaint case has been filed beyond the period of limitation without necessary explanation to that effect.

2. The facts in brief are that the complainant/appellant filed the aforesaid CD case to direct the sole opposite party/respondent to pay insurance claim of Rs. 1,96,000 with interest @ 18% per annum from 15.2.1997 till realization of the said amount, Rs. 25,000 towards loss of business, harassment and mental agony and Rs. 3,000 towards cost of litigation, in total a sum of Rs. 2,24,000. His case is that he has purchased and used Tata-709 bearing registration No. OR-17-8465 for earning his livelihood by self-employment. The vehicle was insured with the opposite party from 10.9.1996 to 9.9.1997. Unfortunately, the said vehicle met with an accident on 15.11.1997. He intimated about the same to the opposite party and lodged claim before him supplying all the required documents. Bu

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