SALIMA JABEEN Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) In this Civil 1st Misc. Appeal, order/award dated 23-9-1997 in complaint file No. 62/97 of Jammu and Kashmir State Consumers Protection Commission, Srinagar, (hereinafter, for short "Commission"), is under challenge.

(2.) The appellant, Mrs. Salima Jabeen, entered into an agreement of Insurance bearing Policy No. 421003/11/94/31/00917 with National Insurance Company, respondent No. 1 in respect of a built up house with land underneath and appurtenant thereto, situated at Gulabhagh Zukura, Srinagar.

(3.) The policy of insurance was valid for one year from 13-1-1995. The policy also covered fire risk inter alia by militant acts. The sum assured was Rs. twenty three lacs. On the intervening night of March 31, and April, 1, 1994, militants set the house with household goods on fire. The house and the goods sustained substantial damage. The appellant approached the Insurance Company. One Shri M. K. Warikoo, was appointed and deputed as Surveyor to investigate and to assess the loss.