New India Assurance Co. Ltd. vs BABU LAL JAIN

THIS appeal pertains to insurance claim. Insurance Company was opposite party before the State Commission on a complaint filed by the respondent. The case of the complainant was that his truck was burnt and since the insurance was denied he filed the complaint. State Commission by the impugned order allowed the complaint and directed the appellant to pay Rs. 3,60,000/- with interest at the rate of 12 per cent w.e.f. 1.8.1992 till payment and cost of Rs. 2,000/- was also awarded.

THE question that is raised before us is that if the truck was burnt because of the terrorist act or malicious act. In support of this, Mr. Sharma has referred to a decision of the Hon''ble Supreme Court in the case of Muralidhar Saranji v. New India Assurance Co. Ltd., I (2000) CPJ 3 (SC). We recorded in our order dated 2.5.2002 that the question is whether it was an act of terrorism or malicious and we also recorded that it would be found as per the Police Report after the FIR was registered under Sections 3 and 4 of the TADA. We required Mr. Sharma to file on record the final investigation report by Order dated 2.5.2002. On request matter was again listed on 22.10.2002. Again on payment of cost of Rs. 2,500/- time was allowed for the purpose. We find that till today report of the final investigation copy of FIR have not been filed. Mr. Sharma states that he had done his best and one more opportunity be given. We are unable to grant any opportunity. Case pertains to the year 1995. First Appeal is dismissed. Appeal dismissed.