ORIENTAL INSURANCE COMPANY LIMITED Vs. SITA RAM

JUDGEMENT

(1.) FIRE having broken out on 7.11.1999 in Ganj Bazar, Solan, resulted in number of shops being engulfed in it. Admittedly, shop of the respondent, though was not engulfed in the fire, but with a view to ensure that the fire does not spread and causes damage to other shops, it was broken open by the police in his absence. According to the respondent this resulted in pilferage and goods missing and causing loss to the extent of Rs. 2,50,000 to him. Another fact to be noted here is that his shop was insured for Rs. 3,00,000, whereas he claimed Rs. 2,50,000 from the appellant. Vide Annexure H claim as made by him was repudiated, and he was offered a meagre amount of Rs. 71,227. Claim of the respondent in the sum of Rs. 2,50,000 was alleged to be concocted to take undue advantage of distress due to the fire as per the appellant. Fire having taken place during the currency of insurance and the validity of the policy is not disputed on behalf of the appellant.

(2.) AT the time of hearing, learned Counsel for the appellant submitted that District Forum below fell into error in allowing Rs. 2.50 lacs with 12% interet from the date of filing of the complaint i.e., 10.8.2001 till the date of payment. Litigation cost was allowed at Rs. 2,500. Mr. Sharma submitted that while allowing the complaint two vital documents Annexure R1 and R2 i.e., affidavits of the Senior Divisional Manager of the as well as Surveyor Mr. H.N. Gandhi have not been taken note of while deciding the complaint. Thus he urged for remand of the complaint for its decision afresh and then decide the same as per law.

(3.) WITH a view to ascertain the correctness of this ground stated on behalf of the appellant, with the assistance of Dr. Sharma we have examined the file of the Forum below. Nothing could be pointed out by him to suggest that the affidavit of Surveyor was ever filed. No doubt, affidavit of the Divisonal Manager is there. He has not conducted the survey. As the best person to support the case of the appellant on this aspect was the Surveyor. There is no murmur in the reply in this behalf. That being the position, submission of Dr. Sharma is without merit.