Per Justice G.D. Sharma, J. (Oral)

1. Through the medium of this appeal order dated 03.02.2006 passed by the Learned Divisional Forum Jammu (hereinafter to be referred to as the Forum) has been challenged. The Forum has held that on the admitted facts the loss was caused to the insured Bolero bearing Engine No. DD14633881 while on its way to Srinagar for its delivery at a place on the national highway known as Batote and the said Bolero was insured for its risk with the respondents under policy No. 420803/6303535 which was valid at that time. The allegation was that the accident was caused because of the rash and negligent driving of petrol tanker bearing No. JK02G/5173. In the complaint, the appellant herein had claimed insurance claims for Rs 73713.25 for the cost incurred for getting repaired the above said insured Bolero as well as the damages in the amount of Rs. 50,000/- for causing inordinate delay for settling the claim. Claim was repudiated on 25.06.2003 and the complaint was filed on 30.07.2003. The Learned Forum has held that the accident was caused by rash and negligent driving of tanker at a public place and the complaint was triable by the Motor Vehicles Tribunal const

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