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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE SUDIP AHLUWALIA, MEMBER, DR. SADHNA SHANKER, MEMBER
M/S. MANMATHMATH KUNDU & SONS & ASHOKA ENGINEERINGS (J.V.) – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent
| Table of Content |
|---|
| 1. description of the incident and initial claim. (Para 2 , 3) |
| 2. arguments regarding policy interpretation and repudiation. (Para 5 , 6 , 7) |
| 3. court's examination of the exclusion clause related to terrorism. (Para 8 , 9 , 10 , 11) |
| 4. final ruling ordering payment to the appellant. (Para 12) |
ORDER
JUSTICE SUDIP AHLUWALIA, MEMBER This Appeal has been filed against the impugned Order dated 17.01.2017 in Complaint No.
2016/39, passed by the State Consumer Disputes Redressal Commission, Chattisgarh vide which the Complaint was dismissed.
2. The factual background, in brief, is that the Complainant is the owner of a Volvo CompactorSD ‑110 Road Roller purchased on28.09.2012 and had insured it with the Opposite Party under Policy No.190505/31/12/01/00005874 for the period between 09.10.2012 to08.10.2013, with an insured declared value of Rs. 21,66,600/-, the requisite premium having been duly paid. On05.02.2013, while the machine was stationed at VillagePondum on the Dantewada-Katekalyan Road, District Dantewada, some Naxalites set fire to two tippers, one Pokland excavator and the Complainant’s Road Roller, the latter being completely destroyed and rendered valueless.The Compl
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