NATIONAL INSURANCE CO LTD Vs. DINA NATH

JUDGEMENT

(1.) This appeal has been preferred by the National Insurance Company Limited by invoking Section 17 of the Jammu and Kashmir Consumer Protection Act, 1987 and is directed against order dated 06.09.2010 passed by the J&K State Consumer Disputes Redressal Commission, Jammu ( for brevity "the Commission"). The Commission has allowed the claim filed by the consumer-respondent.

(2.) The consumer-respondent was forced to flee away from his home and hearth. He migrated to Jammu and as a migrant he got his residential house along with attic and household articles lying therein insured with the appellant-company under the "standard fire and perils policy". The same continued in operation from the year starting from 1998 to 2005. The case of the consumer-respondent has been found to be genuine as Police Station Bijbehara has suo moto accepted the incident whereby the house was damaged by miscreants and FIR 15/2001 was registered under Section 436 RPC. The Commission has disregarded the report given by M/S Wullar Investigators because it was proved on the record that insured house belonging to the consumer-respondent had suffered loss on 15.01.2001 and assessment was made by Surveyor, namely, Sai Consultant, which assessed the loss to the tune of Rs. 4,60,653.00 after visiting the spot and after making enquiries about the incident, as is revealed from the report itself. The argument that Sai Consultant was not authorised surveyor has been rejected by the Commission on the ground that the appellant had itself appointed Sai Consultant. The Commission was not apprised of any record to show that Sai Consultant was not a qualified assessor and surveyor.

(3.) On the basis of the findings that the building belonging to the consumer-respondent has suffered damage, the Commission accepted the report of Sai Consultant and directed the appellant to make the payment of Rs. 4,60,653.00 along with interest at the rate of 8% per annum after two months from the date of receipt of report of Sai Consultant till final payment is made. The litigation charges of Rs. 5000/- have also been awarded. The Commission also awarded an amount of Rs. 40,000/- as damages for the tortuous act of the appellant-company, which after due enquiry, was to be recovered from the concerned official/ officials from his/her pay or pensionary benefits, as the case may be.