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| Divisional Forum orders Rs.1.20 lakh compensation to complainants | | State commission upholds, dismiss appeal with costs | |
Early Times Reporter
Jammu | Mar 12
Dismissing the appeal filed by the Oriental Insurance Company with cost of Rs.4000, the State Consumer Commission headed by Justice (Retd) G D Sharma today upheld the order passed by the Divisional Forum Jammu granting Rs.1.20 lakh as compensation with 6 per cent interest in favour of complainants namely Ravi Jee Sheshoo and Pran Nath Sheshoo sons of late M N Sheshoo of Devsar Kulgam.
The complainants / respondents migrant from Kashmir Valley had insured their property with the appellant insurance company and were continuously renewed till September 11, 2002 covering a risk of Rs two lakhs. The said property was burnt to ashes in the year 2002 and accordingly a claim was made with the company. The appellant insurance company appointed a surveyor Fayaz Ahmed to assess the loss but he reported that the incident had taken place some 4-5 years back and no such incident had taken place in the year 2002 as alleged by the complainants/respondents. While acting on the said report, the Insurance Company rejected the claim of the complainant forcing him to file a complaint before the Divisional Forum. The Forum had awarded a compensation of Rs 1.20 lakh which was challenged by the appellant in the State Commission.
While dismissing the appeal, the Commission observed that non-preparation of the assessment report by the surveyor was not in good taste as he was nobody to give a finding that incident had taken place four or five years ago, which observation had been made by him on hear-say.
The Commission further observed that all the points raised in the memo of appeal and reiterated in the arguments advanced by the learned counsel of the appellant have already been discussed by the Forum and correctly decided. We find no material on record to upset the findings of the Forum as such the appeal is dismissed with costs of Rs.4000 and accordingly the order of the Forum is upheld.
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