ORIENTAL INSURANCE CO. LTD. Vs. MANOHAR NATH PANDITA

JUDGEMENT

(1.) Oriental Insurance Company Limited (hereinafter to be referred to as the appellant), being aggrieved of order/award dated 6.1.2003 passed by J&K State Consumer Protection Commission, Jammu (hereinafter to be referred to as State Commission whereby directing the appellant to pay Rs.4,97,247 with 9% interest to the respondent (hereinafter to be referred to as complainant) has preferred the instant appeal, which already stands admitted after condoning the delay. Execution of the award stands stayed during the pendency of the appeal and a sum of Rs. 1,45,175 has also been released in favour of the complainant.

(2.) Flashback of the facts, in brief, is that the complainant being a migrant from Kashmir had got his residential building situate at Fatehpora, Bungam, District Anantnag (Kashmir) insured with the appellant for an amount of Rs.6,00,000. It was gutted in fire by the militants on the night intervening 2nd/ 3rd of August, 1999. An information was lodged with the concerned police about the incident, upon which, a formal FIR was registered under Section 436 R.P .C. with Police Station Anantnag. The complainant raised the claim with the appellant, upon which,. Saraf Investigators Pvt. Ltd., was appointed to assess the loss, which was assessed to the tune of Rs.4,97,247. He submitted his report to this effect with the appellant. When the matter was not settled by the appellant for a considerable period, the complainant filed a complaint before the State Commission in July, 2001 asking for the entire insured amount which was opposed on the ground that he was not entitled to any compensation as he himself had hired certain persons to set his house ablaze to manage compensation. The appellant relied upon the report of one Jehlum Investigating Services Pvt. Ltd. dated 11.8.2001. However, the appellant appointed another Surveyor namely Omkar Pajnu to re-assess the loss, who, ultimately submitted his report assessing the loss to the tune of Rs.1,45,135. The State Commission did not agree with the stand taken by the appellant and ultimately accepted the first report submitted by Saraf Investigators Pvt. Ltd., and directed the appellant to pay Rs.4,97,247 alongwith interest.

(3.) We have heard Mrs. Wattali, learned counsel for the appellant and Mr. Dhar, learned counsel for the respondent. The entire record of the State Commission called by us has also been perused minutely being the Court of First Appeal.