GANESH FELTS Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The Appellant-Complainant had lodged a claim of Rs. 1,60.000.00 against the Respondent- Insurance Company before the State Commission, Rajasthan on account of damage to the stocks of raw materials, process materials, semi-finished and finished goods in his factory caused by fire during the night between 3rd and 4th June 1989. The State Commission came to the finding that the loss suffered by the Appellant-Complainant on account of fire was to the extent ofRs.6.466.00 only as assessed by M/s. J.D. Gulshan & Co. appointed by the Respondent-Insurance Company to survey and assess the loss on account of fire.

(2.) The grounds of attack against the order of the State Commission are that the State Commission has not taken into account the report of the spot survey conducted by the first surveyor Shri A.K. Dhamija on 5.6.89 nor the survey report of Shri D.R. Anand, second Surveyor and Loss Assessor and that the report of these surveyors were not produced before the State Commission and that the State Commission has been misled by the report of M/s. J.D. Gulshan & Co.

(3.) From the perusal of the material in the paper books and in particular the order of the State Commission, the Memorandum of Appeal, the reply of the Respondent to the Memorandum of Appeal and the reports of the Surveyors, it is seen that the Respondent has attacked the bona fide of the claim made by the Appellant against the Insurance Company under the Fire Insurance Policy.