ORIENTAL INSURANCE COMPANY LIMITED Vs. SOM NATH

JUDGEMENT

(1.) ORDER dated 30.8.2006 passed by the learned Divisional Consumer Protection Forum Srinagar, (hereinafter to be referred to as the Forum) was taken in appeal in the Srinagar wing of the Commission and on the transfer application filed by the appellant, Divisional Manager, Oriental Insurance Company Ltd. stands transferred to Jammu wing of the Commission. Delay in filing appeal No. 18/2006 was condoned after hearing Counsel for the parties. Appeal No. 18:

(2.) BRIEF facts of the case are that the respondent, Som Nath, owned two storeyed houses with attic, in village Zakoora Sopore. He had obtained fire policy B with terrorist clause bearing No. ll/9700070.The policy commenced on 11.4.1996 and had to expire on 10.4.1997. The insured risk cover was of Rs. 4.00 lacs. Because of eruption of militancy in Kashmir Valley the respondent had to migrate with his family from his house. In his absence on 27.12.1996 at 7 p.m. some unknown persons set ablaze his house, and it was completely gutted in fire. Numberdar of the village namely, Ghulam Ahmed Mir, on the next day i.e. on 28.12.1996 reported the incident in Police Station Sopore where case under FIR No. 542/1996 under Section 43, RPC was registered. The appellant vide letter dated 19.6.1997 deputed S. Javed Hussain Surveyor and Loss Assessor. He visited the spot on 25.6.1997 and submitted his report on 18.10.2000.The appellant on 25.6.2001 repudiated the claim forcing the respondent to file the complaint in the Forum on 25.11.2002. The Forum after appraisal of the evidence and hearing the parties allowed the complaint and indemnified the respondent to the assessed loss by the abovesaid Surveyor in the sum of Rs. 3,67,458 along with interest @ 6% p.a. from the date when the Survey or had presented his report, till its realisation. Litigation charges in the amount of Rs. 1,000 were also awarded.

(3.) AGGRIEVED by the finding of the Forum the appellant filed the appeal, inter alia, challenging its validity on the following grounds: