- (1.) THIS is an appeal against the order dated 31.10.2003 passed by the District Forum, Nainital, whereby the complaint of the complainant was dismissed.
(2.) ACCORDING to the complainant he had a jeep, which was insured. During the insurance period, it met with an accident and it fell in a river, which caused total loss to the vehicle. According to the Insurance Company, it did not fell in the river but it was washed away in the river by flood and the insurance policy, which was issued, excluded flood and earthquake. It is why a sum of Rs. 200/ - has been deducted from the payable premium by the complainant.
(3.) AFTER taking the evidence of the parties and hearing them the learned Forum rejected the complaint, against which order the present appeal has been filed. We have heard the learned Counsel for the parties and gone through the records. The first question is whether there was accident or whether the vehicle was washed away in the flood. The complainant should have come before the learned Forum with true case. In the complaint, it is written ("Hindi matter omitted"), while in the FIR lodged by the complainant, it has been specifically written ("Hindi matter omitted"). Subsequently it appears that the words ("Hindi matter omitted") and ("Hindi matter omitted") have been interpolated in the FIR. However, the chik report of the FIR has not been produced before us. In the claim form itself the complainant has written and it is perhaps in his own handwriting, in the column short description of the accident ("Hindi matter omitted"). Thus the cause of damage is flood and not by falling from the road in the river. By rolling of the vehicle in the flood, there may be extensive damages but still if this damage is caused due to flood, the complainant according to the Insurance Company is not entitled to claim.;