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2004 DIGILAW 78 (UTT)

Kamla Devi v. Oriental Insurance Co. Ltd.

2004-05-26

K.D.SHAHI, LUXMI SINGH

body2004
JUDGMENT 1. This is an appeal against the order dated 19.6.1998 passed by the District Forum Hardwar whereby the complaint of the complainant was dismissed on the ground of limitation. 2. The brief facts of the case are that the cow of the complainant died on 13.4.1998. The cow was insured. The claim was lodged with the insurance company. The surveyor surveyed the matter and submitted his report on 21.6.1998 and the claim was repudiated on 16.3.1989. Copy of the order was sent to the complainant by registered post immediately. The complainant did not file any complaint before the Learned Forum within limitation but all of a sudden she arose from her sleep and sent a legal notice on 1.7.1992 and filed a complaint before the Learned Forum on 5.8.1993. 3. The limitation for filing the complaint is 2 years. Even before the Amendment Act, the limitation was 3 , years and if limitation is counted from 16.3.1989, the complaint could have been filed only by 16.3.1992 but notice has been issued on 1.7.1992, Any such issue of notice will not extend limitation. The Learned Forum was perfectly justified in dismissing the complaint as barred by time. 4. The appeal has got no force and is liable to be dismissed. ORDER The appeal is hereby dismissed. Cost of this appeal shall be easy.