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| House of migrant torched by miscreants | | State Commission directs Insurance to pay six lacs | | EARLY TIMES REPORT
JAMMU, November: 26 (JNF):- In a complaint filed by Narajan Nath r/o village Bissu Chak Anantnag Kashmir presently a migrant in which the complainant submitted that a three storeyed tin roofed house situated in the same village which was insured up to June 21, 2002 and set on fire his house by some subversive miscreants in 2001 and incident has been suo-moto registered by the police in the police station Qazikund, but the complainant being a migrant leaving in Udhampur came to know about the alleged loss after about four years and he lodged a complaint and on the basis of his complaint FIR NO 116/2005 dated June 24, 2005 was registered in P/S Qazikund and seeking claim to the extent of Rs 6 lacs along with intrest.
State Consumer Commission comprising Justice GD Sharma (rtd) Chairman and Sessions Judge BL Saraf (rtd) Member, the judgment written by Justice GD Sharma for the commission after hearing Adv CM Koul for the complainant and Adv Mrs. Zainab Wattali for the Insurance company and after considering all the facts of the case and also the reply of the Insurance company observed that in this case the complainant is poor school teacher who had to flee away from the place of his birth living, leaving his insured house at the mercy subversive and anti-national elements. Admittedly his insured house along with the house of one Rattan Lal was set-ablaze by anti-national elements. There can be possibility that the insured house was set-ablaze on or before June 21, 2002 when insurance policy was in operation. The burden was on the insurance the company to prove that it was burnt at a time when there was no insurance policy in operation and that burden has not been discharged. Equally it is not conclusively proved by the insurance company that complainant had failed raise to claim within one year from the date of knowledge of the occurrence. The complainant is categorically stated that after getting the copy of FIR he raised the claim. In such circumstances there would be no infringement of condition of the contract of insurance. In this view of the matter commission allowed the complaint and directed Oriental Insurance Company to reimburse the complainant by making him the payment of Rs six lacs with intrest 8% PA from the date of lodging the complaint till the final payment is made. Commission also entitled the complainant to the cost of litigation Rs 6000. JNF
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