MOHAMMAD YOUSUF DAR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The Appellant raised claim and lodged a complaint with Jammu and Kashmir State Consumer's Protection Commission, Srinagar, (hereinafter for short State Commission), for insurance claim and compensation in the sum of Rs. 7,38,683.00/- as assessed by one Mr. H. Kanan, loss assessor and valuer of the Oriental Insurance Co. and approved by Divisional Manager, in August, 1996. The claim was advanced in connection with property covered by Insurance Policy No. 23424/11/96 00635/23424, Sgr. subsisting between 1-11-1995 to 31-10-1996, in respect of a residential building situated at Jogitiyal Haihama, Kupwara. The fire incident of 27-12-1995 destroyed the whole building with house-hold goods.

(2.) Before the State Commission, the Opposite party, Oriental Insurance Co. did not opt to contest the claim. Neither written statement was filed nor any evidence was led by the Opposite party State Commission, on examining the matter and the file of Oriental Insurance Company, O.P. declined to grant the claim and compensation . It dismissed this complaint (No. 199/97 as bogus. Against this order dated 1-7-1998 of State Commission, the claimant has come in Appeal.

(3.) Parties have been heard.