NATIONAL INSURANCE CO. LTD Vs. SHIV SHANKAR

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner National Insurance Company, against the impugned order dated 23.02.2008 passed by the Rajasthan State Consumer Disputes Redressal Commission (for short 'the State Commission ') in FA No. 1635/2003 "National Insurance Co. Ltd. vs. Shiv Shankar and Anr. " by which appeal filed by the petitioner against the order dated 31.07.2003 passed by District Consumer Disputes Redressal Forum, Sriganganagar, was dismissed. The District Forum had allowed the complaint filed by the present respondents Shiv Shankar and M/s. Mahaveer Prasad Dhanuka, vide this order.

(2.) BRIEF facts of the case are that the complainants/ respondents obtained a cash credit limit for Rs.1,00,000/ - from State Bank of India, Sadulshahar for their business of clothes and Insurance Policy was got issued from the petitioner on 22.01.2001 for Rs.1,50,000/ -. On 24.01.2002, at mid -night, fire broke out in the shop of the complainant, resulting in damage to the stocks and building. An FIR was lodged with the police. It has been stated by the complainant that the shop is 20 ft. long and 10ft. wide and wooden racks have been fixed on three sides of the said shop, where clothes are kept. The petitioner appointed a surveyor who calculated the loss to be Rs.22,075/ -. However, the complainants lodged a complaint with the District Forum Sriganganagar, saying that they are entitled for a compensation of Rs.2,01,010/ -. The District Forum vide order dated 31.07.2003 directed that the petitioners shall pay Rs.1,40,000/ - to the complainants along with Rs.5,000/ - for mental agony suffered and cost of litigation. The amount was to be paid within a period of two months. The petitioners were required to pay interest @9% p.a. on the awarded amount with effect from 10.07.2002. The complaint was dismissed, vis -a -vis, the State Bank of India Sadulshahar. An appeal was filed by the present petitioner against the order of the District Forum, but the same was ordered to be dismissed vide impugned order dated 23.02.2008. It is against this order that the present revision petition has been filed.

(3.) WHILE arguing the case, the counsel for the petitioner stated that out of the amount of Rs.1.40 lakh awarded by the District Forum and confirmed by the State Commission, the petitioner had already paid a sum of Rs.1,00,000/ - to the respondents. Balance amount of Rs.40,000/ - and the interest on the awarded amount had, however, not been paid. Learned counsel for the petitioner has drawn our attention to the findings given by the surveyor saying that the estimated loss was Rs.1,92,300/ -, but the assessed loss was Rs.32,460/ - only. It has been clearly brought out in the report of the surveyor that the insured had not produced books of accounts, purchase bills, sales bills and other relevant records for which he stated that the same had been burnt. The FIR lodged with the Police is also silent about the burning of the books of accounts and other records. It has also been stated in the said report that the insured is running a ration depot within the same shop and it is not a cloth showroom only. The surveyor has enumerated various items of clothes which are reported to be lost during fire and assessed the total loss to be Rs.32,460/ - and excluding Rs.10,000/ - for the excess clause, the assessed loss is only Rs.22,460/ -. The report of the surveyor was based on a careful examination of the situation on the spot. Learned counsel argued that a major portion of the premises was being used as ration depot only and there were just two racks of clothes in the shop.