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| State Consumer Commission allows appeal | | ‘Awards Rs. 2 lakh as insurance cover along with interest to appellant’ | | Early Times Reporter
Jammu | Mar 27
Allowing the appeal filed by Naik General Store through its Proprietor A G Naik of Bharth Road Doda against the Oriental Insurance Company Jammu, the State Consumer Disputes Redressal Commission awarded an amount of Rs two lakhs with 6 per cent interest per annum to be paid from two months from the submission of the report of the surveyor dated February 15, 2002.
According to the case M/S Naik General Store had insured his stocks with the Insurance Company for risk cover of Rs two lakhs and during the currency of the insurance policy, a fire broke out in the shop and the entire stocks worth over Rs two lakhs were completed destroyed and reduced to ashes.
The firm registered a claim and a surveyor was appointed who visited the spot and submitted his report. Taking reliance on this report, the respondent insurance company indemnified the appellant to the extent of Rs.18000. The Divisional Forum also upheld the complainant entitled to Rs. 18000 along with 9 per cent interest per annum. Aggrieved by this order, the appellant preferred an appeal before the Commission.
The Commission headed by Justice G D Sharma with Khalid Habib as its member after examining the record and hearing arguments on both the sides, said ‘we place no reliance on the survey report as well as the deposition made by the surveyor in his affidavit’ and instead accept the version of the appellant and held that he the appellant had suffered a loss of stocks in trade to the extent of more than rupees two lakhs. However, the Commission said that according to the terms and conditions of the insurance policy the appellant is entitled to be indemnified by the respondent to the extent of Rs.2 lakhs only.
‘Hence were accept the appeal and set aside the order of the Forum’, the Commission said and directed the Insurance company to pay Rs two lakhs to the appellant along within 6 per cent interest per annum thereon. The commission has also held the appellant entitled to the litigation cost of Rs.5000. |
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