ORIENTAL INSURANCE CO LTD Vs. SATKAR

JUDGEMENT

(1.) By way of this appeal, original opponent-Oriental Insurance Company Limited seeks to challenge order dated 23.6.2003 rendered by the learned Consumer Disputes Redressal Forum, Kachchh in Complaint Application No.81 of 2002.

(2.) It would appear that the complainant carried on business in readymade garments, ladies' wear and dress materials at the address stated in the complaint and got insured the stock of garments and readymade materials with the opponent Insurance Company for Rs.1,01,000/- as per the particulars of policy of insurance set out in the complaint. The complainant used to maintain regular books of account regarding purchase and sale of garments and readymade materials.

(3.) On 26.1.2001 there was severe earthquake in the city of Bhuj, Kachchh and for that matter in the whole of the State of Gujarat. The complainant, therefore, closed the shop by applying lock on the shutter as soon as he felt earthquake tremor. When he visited the shop in the evening at about 7.30 O'clock, he found that the lock of his shop was broken open by damaging the shutter and stock worth Rs.1,40,000/- was stolen from the shop. In fact the complainant had lost his house and person and property of the members of his family was seriously adversely affected requiring him to settle with his family at Adipur-Nakhatrana from 28.1.2001. He, however, lodged complaint in Bhuj city police station on 14.2.2001 as his efforts to lodge the complaint before that date went in vain on account of disruption of life in the area. Opponent Insurance Company was also immediately informed about the theft in question and the Surveyor had carried out spot survey. The complainant submitted all required documents to the Surveyor. However, opponent Insurance Company did not process and sanction the claim with the result that the complainant was required to file complaint for recovering Rs.1,40,000/- being the value of the stolen goods, Rs.36,400/- being the amount of interest from 26.2.2001 to 26.3.2002, Rs.10,000/- being the amount of mental agony and hardship and Rs.5,000/- being the amount of cost, in all Rs.1,91,400/-.