NATIONAL INSURANCE COMPANY LTD Vs. TONE PHARMACEUTICALS

JUDGEMENT

(1.) Heard Mr. J.A. Kawoosa. Advocate, appearing on behalf of the appellant/ Company and Mr. Sami Yaqoob. Advocate, appearing on behalf of the respondent.

(2.) Admit. With the consent of learned counsel for the parties, this appeal is taken up for final disposal.

(3.) The incontrovertible facts leading up to this appeal are that the complainant-firm having its principal business place at Nambalbal, Pampore got its goods in trade insured in the year 1994-1995 for Rs. 4.00.000/- against the premium of Rs. 2,11)37- against policy No. 9800263394. This is on 08-11-1995 as a result of cross firing between unidentified gunman and security forces near the shop of the complainant, the insured stocks in trade of the complainant were ransacked in the millee caused by the said cross firing. That on 09-11-1995 complainant-firm raised an insurance claim before the appellant/ Company through the medium of a letter slating therein that his shop stand ransacked due to cross firing. On receipt of this report in the form of a letter, the appellant/Company deputed one Mr. Javaid Hnssain their Surveyor to inspect the site and to submit a preliminary report. Pursuant to that, the Surveyor inspected the site and submitted his estimated report which is marked as annexure O-2 on the Commission file, which shows, inter alia, estimated toss of Rs. 70.000/-. Thereafter the claim has been declared as "no claim' by virtue of annezure-O-3 on the Commission file on the ground that the complainant/respondent has not reported to the Surveyor. Thereafter, the respondent firm came to approach the State Consumer Protection Commission. Srinagar, therein referred to as the Commission) through the medium of a complaint which came to be registered as Complaint No. 6 of 2000 seeking therein an amount of Rs. 4,00,000/- as principal amount on account of actual toss suffered, interest @ 15% at quarterly rests on the aforesaid amount payable from the dale of toss till the date, of final payment, a sum of Rs. 1,00,000/- as compensation under head unreasonable delay, a sum of Rs. 1,00,000/- as compensation under the head harassment and mental agony suffered by the complainant due to the deficient services of the OP and also litigation which came to be quantified at Rs. 50.000/-. The appellant-Company in their objections came to resist the petition mainly on the ground that the complaint is lime barred because the complainant/respondent failed to furnish the requisite documents and that the complaint is barred by time, because the claim of the complainant was closed as "No Claim. In this behalf, letter dated: 21-01-1999 was sent to the complainant/respondent: therefore, he could agitate disclaimer as per terms if policy within a period of 12 months from 11,e dale of said disclaimer, but no such action was taken by the complainant in this behalf within the stipulated period of 12 months from the dale of letter of disclaimer. However, it is admitted that the toss was estimated by the Surveyor at Rs. 70.000/- on his preliminary visit to the site. In support of his claim before the Commission, the respondent/ complainant filed his own affidavit and he came also to be cross examined. In rebuttal, the appellant/Company filed the affidavits of its two witnesses namely Javaid Hussain. Surveyor and N.H. Rafiqui. Incharge Branch Manager of the Company, who subjected themselves to cross examination as well. The learned Commission on conclusion of the enquiry came to award Rs. 1.50.000/- together with interest @ 12% from the dale of 6 months after the incident as the cost of toss, and Rs. 40.000/- as compensation to the complainant after holding that:-