NEW INDIA ASSURANCE COMPANY LTD Vs. DINESH VASTRALAYA

JUDGEMENT

(1.) THE appellant is the Divisional Manager, New India Assurance Company, Gaya. The respondent is the proprietor M/s. Dinesh Vastralya, Gaya. The appeal is against an order dated 21.6.2005 passed by the District Forum, Gaya in Complaint Case No. 13/2001, whereby the District Forum allowed the complaint and ordered the Insurance Company to pay the insured amount of Rs. three lacs minus Rs. 39,119.55 already paid to the complainant with 6% interest per annum.

(2.) BRIEF facts of the complaint are as follows. The complainant had a cloth shop at Bhabua which he got insured with the appellant -Insurance Company for Rs. 3.5 lacs for the period 18.8.1998 to 17.8.1999. During validity of the cover, on 4.3.1999 there was a theft in the shop and the stock in the shop was stolen. Same day FIR was lodged with the local police in Bhabua. After investigation, police submitting final form stating case true and stock of cloth worth Rs. 3,19,945 were stolen. Hence a claim against the Insurance Company was made. A Surveyor was appointed by the Insurance Company, who assessed the loss at Rs. 39,119.55. According to the survey report the amount was paid and accepted by the complainant with a deed of subrogation and letter of indemnity dated 13.12.2000. However, the complaint was that the Surveyor submitted a false report, without examining the stock register/sale register produced before him because of non -payment of illegal gratification. Correspondence to appoint another Surveyor went in vain, so also the legal notice. Hence complaint claiming Rs. three lacs as loss and Rs. one lac as compensation was filed. After hearing the parties, the impugned order was passed.

(3.) THE pleas in the appeal are as follows :