NATIONAL INSURANCE CO LTD Vs. MEHBOOBA SHABNAM

JUDGEMENT

(1.) The present appeal is against an award passed by the Jammu and Kashmir State Consumers Protection Commission. By the award, claim under a Fire Policy has been allowed. Before the Commission, the claimant contended that she had taken out a policy of insurance from the appellant covering the peril of fire in respect of a house and household articles lying therein. It was contended that a fire broke out which gutted not only the house but also all household articles lying inside the house. The claim was on the basis of total loss of the insured properties. According to claimant, despite lodgement of the claim with the appellant under the policy, appellant did nothing and, accordingly, the claimant had been forced to approach the Commission.

(2.) Appellant contested the claim and contended that on receipt of the claim, it had appointed Andrabi Associates as Surveyor, who surveyed and reported that the house was not complete, as many a necessary ingredients of a complete house, were not reportedly found, but whatever was there suffered total destruction by fire who to terrorism. It was contended in the counter that on the basis of said report of the Surveyor, the loss was assessed by another Surveyor and, in terms thereof, a sum of Rs. 3,39,736/- was payable under the policy. Appellant informed the same to the claimant by a communication but the same returned undelivered with postal remark that the addressee is not available at the address.

(3.) Before the Commission, the appellant did not produce anyone representing Andrabi Associates nor did it produce the person who assessed the loss on the basis of the report of Andrabi Associates. Before the Commission, witnesses, who deposed on behalf of the claimant, asserted that no one representing Andrabi Associates ever visited the house which was destroyed. Taking into account the evidence on record, the Commission has made and published the award.