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2000 Supreme(MP) 716

DIPAK MISRA
NATIONAL INSURANCE CO. LTD – Appellant
Versus
SANTOSH KUMAR – Respondent


Advocates Appeared:
Amrit Ruprah, Vivek Rusia

DIPAK MISRA, J.

( 1 ) INVOKING the revi-sional jurisdiction of this court under section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code')the non-applicant/petitioner has called in question the pregnability of the order dated 2. 2. 2000 passed by the First Motor accidents Claims Tribunal, Panna, in Claim case No. 1 of 1999.

( 2 ) THE facts as have been unfolded are that the petitioner is the insurer of Commander Jeep No. MP-16-A-4539 which was registered and insured as a private car and insurance policy covered the period from 3. 12. 1997 to 2. 12. 1998. The non-applicant is the owner of the said jeep and it was being plied as a taxi on 28. 8. 1998 when it met with an accident. The survey was conducted by the petitioner company. The non-applicant filled up the claim form in respect of loss caused to the vehicle and demanded indemnification for loss suffered by him because of the damage caused to the vehicle. The insurance company after appreciating the claim of the non-applicant communicated to him by letter dated 2. 2. 1999 that his claim for damage caused to the vehicle was not payable by the insurer. Feeling aggrieved by the same the non-applicant p












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