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2004 DIGILAW 40 (UTT)

Sh. Govind Singh Kathet v. Oriental Insurance Co.

2004-04-22

K.D.SHAHI, LUXMI SINGH, SURENDRA KUMAR

body2004
JUDGMENT This is an appeal against the order dated 24.06.1999 passed by the District . Forum. Pauri whereby the complaint of the complainant was dismissed on the ground of limitation. No other point was decided. 2. The brief facts of the case are that the vehicle of the complainant met with an accident on 14.11.1995. He lodged the claim with the insurance company. It is alleged that the claim has not been repudiated till date. It has been so alleged in the grounds of appeal. The complainant filed the complaint on 09.12.1997, i.e. after two years and about 2.5 days. The date of limitation was calculated from the date of accident. It is settled principle of law that in insurance matters, the limitation shall run from the date of repudiation of the claim and not from the date of accident. 3. It has been held is the ruling reported in 1999 (3) CPR 320, Neel Kamal Paper Mills Private Ltd. Vs. New India Assurance Co. Ltd. that limitation for filing complaint in accident cases against the insurance company starts from the date of repudiation of the claim and not form the date of accident. It has so been held by the National Commission in the ruling reported in 1996 (2) CPR 53. M/s Tanawala Synthetic Textile Ltd. Vs. Oriental Insurance Co. Ltd. that were the repudiation was done on 27.04.1994, although the accident took place on 14.01.1991, the complaint filed on 07.01.1994 is within limitation be•• cause limitation shall run from the date of repudiation and from 27.04.1994 The claim has not been repudiated. This has also been upheld by other State Commissions as reported in 1994(1) CPJ 298 Ganeswar Mobanty Vs. Divisional Manager.• New India Assurance Co. and 1996 (2) CPJ 243 West Bengal, Lallacherra Tea Co. Ltd. Vs. United India Insurance Co. Ltd. 4. In view of what has been said above, the complaint is not barred by time and could not have been dismissed on this ground. 5. The case is an old one. We wanted to proceed with the case on merits but both the Learned Counsel for the parties stressed that no evidence whatsoever has been produced in the forum they have to lad evidence afresh. Therefore we have got no option but to remand the case to the Learned Forum. ORDER The appeal is hereby allowed. The order dated 24.06.1999 is hereby set aside. Therefore we have got no option but to remand the case to the Learned Forum. ORDER The appeal is hereby allowed. The order dated 24.06.1999 is hereby set aside. The case is remanded to the Learned Forum to decide it afresh on merits after taking the evidence and hearing both the parties. Cost of the appeal shall be easy.