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2003 Supreme(J&K) 99

V.K.JHANJI, S.K.GUPTA
Nabira Alias Gh. Nabi – Appellant
Versus
Oriental Insurance Co. Ltd. , Town Hall Bldg, Jammu – Respondent


Advocates Appeared:
Advocate For Appellant: D.S. Thakur
Advocate For Respondent: Baldev Singh

Per S.K. Gupta, J.

1. We have heard the learned counsel appearing for the respective parties and meticulously perused the order dated 15-09-1999 passed by the Court in CIMA No. 124/97.

2. Petitioner seeks review of the aforesaid order solely on the ground that since the Consumer Protection Act did not provide the period of limitation for filing a complaint under the said Act, it is the residuary Article, which would govern the appeal. The residuary Article 119 of the Limitation Act of the Jammu and Kashmir Limitation Act No. IX of 1995 provides a period of six years begins to run when the intimation in respect of loss is given to or received by the insurer. We do not find any substance in the submission made by Mr. D.S. Thakur, learned counsel appearing for the petitioner, in view of Article 57 of the Limitation Act, 1995, which provides three years of period of limitation for filling a complaint on a Policy of Insurance, when the sum assured is payable immediately after proof of death or loss has been given to or received by the insurers. Article 57 of the Limitation Act in its plain language clearly contemplates that the period of limitation begins when the first intimation in resp



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