ORIENTAL INSURANCE CO LTD Vs. ABDUL RASHID MAKROO

JUDGEMENT

(1.) This appeal is directed against the order dated 20.5.2002 passed by the DF whereby the DF has allowed the complaint of the respondent and has directed the appellant to pay Rs.40,303/- to the respondent on production of indemnity bond payable to the appellant.

(2.) Briefly put the case of the respondent was that he wanted to purchase a house belonging to migrant Triloki Nath Moza situated at Shivpora but the said property was subjected to Jamu and Kashmir Migrant, Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, in view of this the owner of the property migrant executed an attorney in favour of the respondent who wanted to purchase said property in the name of his wife. Attorney is registered document. Attorney in view of the clauses in the attorney deed for the protection and preservation of the property insured the house on 8.5.1998 but the incident of ransacking and damage to the building was caused on 28.6.1998. Claim was raised but it was repudiated on 1.8.2000. The respondent/complainant filed a complaint on 1.3.2001.

(3.) Appellant was summoned. He filed the written version. Raised the plea that claim is not payable because the respondent had no insurable interest in the property.