NATIONAL INSURANCE CO LTD Vs. MOHD LATIEF KALOO

JUDGEMENT

(1.) BY the medium of this writ petition, petitioner has questioned the orders dated 15.11.1998 and 20.7.1999 passed by the respondents 3 and 4 respectively, whereby, whereunder complaint - claim petition filed by respondents 1 and 2 came to be allowed and writ petitioner insurer came to be directed to indemnify the claimants - respondents 1 and 2 by making payment of Rs. 88,000/ - with 10% interest from the date of surveyors report - 24.3.1997 and Rs. 10,000/ - came to be awarded as compensation.

(2.) WRIT petition came to be admitted on 4.4.2002. Respondents 1 and 2 have filed the reply on 25.9.2004 and have resisted the petition on the grounds taken in the reply. Heard. Considered.

(3.) THE case of respondents 1 and 2( claimants) before respondent no. 3 was that their residential house situated at Baghwanpora Sathoo Barbarshah was damaged due to heavy floods and the house was insured with petitioner Insurance Company vide insurance policy, the details of which are given in the impugned order as well as in the writ petition. Respondent no. 3 after having considered the case held that the surveyor deputed by the Insurer (Writ petitioner) was not expert in the filed and was an Electric Engineer, having no experience as civil engineer. The respondents 1 and 2 (claimants) had utilized the services of a civil engineer and accordingly, his surveyor report/assessment came to be accepted.