NAND KISHORE GUPTA Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) HEARD learned Counsel for the both the parties and perused the record.

(2.) THIS appeal is directed against the judgment and order dated 28.10.2002 passed by the District Consumer Forum -I, Bareilly. By virtue of the judgment in appeal the complaint of the appellant Sri Nand Kishore Gupta claiming damages on account of the accidental loss of his vehicle was dismissed on various grounds including failure of the complainant to substantiate that the accident had taken place on the given date.The complainant filed his complaint with the allegations that his Mini Truck UGL -888 met with an accident on 17.4.1991 and he had informed the police and the United India Insurance Company on April 20,1991 about the said accident. The Surveyor of the Insurance Company estimated the loss at 28,450 but the Insurance Company repudiated his claim on the ground of there being no positive proof regarding genuineness of the accident. The District Consumer Forum below recorded a finding that the complainant failed to establish by convincing evidence that the accident had takenplace on 17.4.1991. Indeed it was of greater significance for the complainant to prove that the accident had taken place on 17.4.1991 at the given time and place. It was so because the complainant got the aforesaid vehicle insured on 12.3.1991 for a period of one year. The Insurance Company's contention was that, as a matter of fact, the accident had taken place on 2.3.1991 and the. complainant managed and manipulated to obtain an insurance policy with effect from 12.3.1991. There are various grounds on the basis of which the complainant's allegation regarding accident on 17.4.1991 can be said to be tainted with suspicion.

(3.) FIRSTLY the complainant failed to bring on record copy of the Chik F.I.R. and its G.D. report to prove beyond doubt that the accident had taken place on 17.4.1991 on Shahjahanpur Road near Faridpur. No doubt a copy of the simple application (paper No. 2 enclosed with the counter affidavit of Sri N.K. Srivastava) has been filed before us but it is not reliable piece of document. It reveals the date of submission to be as 20.4.1991 but there is no reference to the date of accident. It is also not above suspicion that this kind of report had been manipulated by the complainant. The seal of the Police Station is not legible nor the date thereof. Moreover, its perusal would reveal that there was no loss of life or property. In case of a genuine report having been lodged in time a certified copy of the Chik F.I.R. lodged with the police station must have been obtained and filed.