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A. P. SAHI, BHARATKUMAR PANDYA
Kulwant Singh – Appellant
Versus
National Insurance Company – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Abhi Raj Singh, Advocate
For the Respondents:Mr. Madhurendra Kumar and Mr. Rishabh Singh, Advocates

ORDER

A.P. Sahi, President.—The petitioner/complainant claimed indemnity under an Insurance Policy on the ground that his vehicle Toyota Qualis had met with an accident on 18.11.2003. For this, the complainant relied on the Police Daily Diary No.18 dated 18.11.2003, a copy whereof is Annexure P-6 to the compilation. This narrated that the vehicle was being driven by Sunil Kumar, the Driver of the complainant, who while driving the vehicle on GT Road from Gharaunda to New Delhi was obstructed by the crossing of a blue bull/cow and in order to save a collusion, he applied brakes at the spur of the moment as a result whereof the vehicle met with an accident and damage was caused.

2. The Insurance Company on a claim being put forwarded appointed an Investigator Mr. R.N. Sharma, (Retd. Deputy Superintendent of Police), who submitted a report on 08.03.2004, whereafter, Insurance Company came to the conclusion that the claim was not admissible as it was found that the vehicle was being driven by one, Mr. Ram Niwas and the alleged incident of upturning of the vehicle seems to have taken place on 15.11.2003, which was also doubtful as further investigation into the matter revealed no eviden

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