SRI HANUMAN OIL MILLS Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The complainant had entrusted Ground-nut oil for transportation from Challakere to Amaravati in Maharashtra State to Sri Subramanya Swamy Lorry Transport, Challakere after insuring the said goods with the respondent company under Insurance Policy No.071902/21/00033/89 for the period from 30-6-1989 to 29-6-1990. On 25-2-1990, Ground-nut oil of 9500 kgs. pertaining to the complainant and valued at Rs.2,33,700/- was being transported in a tanker bearing No. CAS- 3587 from Challakere to Amaravathi in Maharashtra State The tanker met with an accident near Hattigudu village between Surpur and Sahapur Towns in Gulbarga District on 25.2.1990 at about 5.30 p. m. Due to that the tanker was damaged and the ground-nut oil leaked out and the complainant sustained loss of Rs.2,06,563/- inclusive of taxes and other charges. Hence, the complainant has filed this complaint for recovery of the said sum from the Insurer as the Insurer failed to settle, his claim and pay the said amount in respect of his complaint.

(2.) The insurer has contended inter-alia that their investigations have, revealed that the complainant salvaged major portion of the oil and the loss sustained was only to the extent of 1,500 kgs. valued at Rs.27,172/- and so the claim in respect of the rest is false.

(3.) The insurer gave a cheque for Rs.27,172/- to the complainant in respect of the admitted claim before, the Commission. In respect of the rest, in view of the decision of the National Commission in Janta Machine Tools V/s. Oriental Insurance Co. Ltd., 1991 1 CPJ 234. O. P. No.12/1990 decided on 21.8.1990, we direct the complainant to approach the Civil Court, as the insurer has rejected the claim on the ground that it is found to be false after due investigation. Hence, without prejudice to the right of the complainant to take remedy by way of civil suit before, the appropriate court, we dismiss his complaint in respect of the remaining amount of Rs.1,97,391/-. No costs.