AI Structured Summary
Not yet generated for this judgment
Judgment
OM Parkash Chawla of Chandigarh, the complainant has alleged that he purchased Tata make truck described in para No. 1 of the complaint in the year 1992 and its registration No. is CH-01-II -1316. It was insured with the respondent-Insurnce Company for the period 7.8.93 to 6.8.94 for a sum of Rs. 5,00,000/- and premium in the sum of Rs. 9,456/- was paid vide Cover Note dated 7.8.93. It was at 5.30 p.m. on 5.4.94 at village Daultpur when the truck carrying bamboos and husk was going from Amrawati to Surajgaon in Maharashtra for collecting oranges. There was a sudden spark as overhead electric wire in the vicinity touched the body of the truck. As a consequence thereof the truck caught fire and it was devastated. The matter was reported to the police and fire tender was also requisitioned. Copy of the FIR in Annexure C-2. The fire extinguishing charges were paid vide Annexure C-3. On 25.4.94 the complainant lodged a claim with the respondent-Insurance Company and had been contacting them but the claim was delayed on one pretext or the other, and subsequently it was declined .A notice dated 21st September, 1994 was also issued to the respondent through registered A.D., Annexure C-5. The complainant has claimed a total sum of Rs. 6 lacs on account of the losses detailed in paras 13 to 15 of the complaint.
THE respondents filed a reply wherein it has been averred that the complainant himself was to be blamed for the negligence and loss to the truck. It was also averred that the truck in question exceeded the permissible height of 3.8 meters (12.9 feet) under the Motor Vehicles Act. It was after examining the claim from all angles that it was repudiated. THE height of the overhead wire at the place of occurrence was 6 meters from the ground level. The truck in question was registered at Chandigarh and the complainant got it insured with the respondents at their Chandigarh Office. These facts provided territorial jurisdiction to this Commission notwithstanding that the occurrence in question took place in Maharashtra. As seen above the occurrence of loss has not been controverted. Here the plea of the respondents had been that the complainant himself was to be blamed for the loss inasmuch as the truck was loaded with bamboos and hay and the height exceeded 3.8 meters (12.9 feet). Besides this the truck had erected the canopy over the body which exceeded beyond permissible limit and was cause for coming in contact with the overhead electric cable which caused ignition and resulted in fire to hay and the other material.
The learned Counsel for the complainant has drawn our attention to the letter of repudiation dated 10.7.95 AnnexureR-1, it is reproduced as under : "Please refer to the claim lodged by you in respect of loss to your Vehicle No. CH-0111-1316, which is stated to have met with an accident on 5.4.94 near Daulpur village. The Company has examined the matter in detail. The spot survey and final survey was conducted and after careful examination of the matter it has been revealed that the cause of the accident was touching the load body of the vehicle to overhead electric wires. The truck in question at the material time was loaded and had erected canopy over the load body which exceeded beyond permissible limit, which resulted into coming in contact with the overhead electric cable, which caused the ignition of the hay and the other material loaded in the truck. There was negligence in using the vehicle in contravention of the Motor Vehicle Rules and the load carried in the vehicle at the material time was more than permissible height of 3.8 meters, thus violating the Motor Vehicle Rules. The Company regrets to treat your claim as no claim and the same is hereby repudiated."
THE respondents had also availed the services of Surveyor and Loss Assessor, collected photographs together with a certificate from the Assistant Engineer of the nearest Electrical Sub Division at Amravati (Annexure P-2) which remains unrebutted and a perusal of all these documents showed that the height of the truck on which canopy of bamboos etc. was framed exceeded the permissible limit and resulted in ignition and consequent fire. THEre appeared to be no deficiency on the part of the respondents and the conclusion is that the complaint fails and is hereby dismissed. THE parties shall bear their own costs. Announced. The order be communicated to the parties free of charges. Complaint dismissed.