NATIONAL INSURANCE CO. LTD. Vs. LONE 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 incontrovertable facts leading up to this appeal are that the complainant firm having its principal business place at Namblabal, Pampore, got its goods in trade insured in the year 1994-95 for Rs. 4,00,000.00 against the premium of Rs. 2,103.00 against policy No. 9800263394. This is on 3.11.1995 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 stating 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. Javed Hussain 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 02 on the Commission file, which shows, inter-alia estimated loss of Rs. 70,000.00. Thereafter the claim has been declared as no claim by virtue of annexure-0-3 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, (herein 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. 4,00,000.00 as principal amount on account of actual loss suffered, interest @ 15% at quarterly rests on the aforesaid amount payable from the date of loss till the date of final payment a sum of Rs. 1,00,000.00 as compensation under head unreasonable delay, a sum of Rs. 1,00, 000.00 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. 50,000.00.