Tribunals and Commissions(2004) 02 NCDRC CK 0037

ANWAR BABAMIYA MULLA vs NEW INDIA ASSURANCE CO. LTD.

National Consumer Disputes Redressal Commission · Decided on 10 February 2004 · Citation: 2004 4 CPJ 419

HON’BLE JUDGES
M.S.Rane , R.N.Varhadi J.
RESULT
Appeal dismissed

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Judgment

4 paragraphs · 197 words
1.

NONE present on behalf of the appellant. Matter is rightly placed on today''s board.

2.

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us. Appellant is the original complainant and against the order dated 5.5.2003 dismissing his complaint that this appeal has been filed. It is noticed that complainant had obtained insurance coverage of fishing boat from the respondent/Insurance Co. and when the insurance coverage was in force, the said boat was involved in an accident sustaining damage. Hence the claim was lodged.

However, Insurance Co. repudiated claim alleging that there were breaches committed by the complainant in respect of the policy terms, such as leaving the Trawler unattended and unguarded, not taking proper care to protect the same etc. Complainant did not adduce satisfactory evidence to prove that the damage was caused in an accident. In the circumstances, District Forum dismissed the complaint. We do not find any infirmity in the order of the District Forum. ORDER 1. Appeal stands dismissed. 2. No order as to costs. 3. Copies of the order herein to be furnished to the parties.

Appeal dismissed.