UNITED INDIA INSURANCE CO LTD Vs. DEEN BANDHU

JUDGEMENT

(1.) This appeal arises out of an Insurance claim made by the complainant against the Insurance Company. The facts of the case are that the complainant Deen Bandhu is the proprieter of Pooja General Stores which was set-up after taking of loan from Central Bank of India. The shop in question was insured with the Appellant for the period 14.8.88 to 13.8.89. It is not in dispute that the premium in respect of the policy has been by the complainant to Insurance Company. The case of the complainant is that during Insurance period a fire broke-out in the shop of the complainant as a result of short circuit in Electricity connection. According to the complainant goods valued at Rs.35000/- were burnt. The complainant put forward his claim before the Insurance Company who paid Rs.2625/- to the Bank representing loss caused to the complainant. This figure according to the opposite party was arrived at assessment of loss made by surveyor.

(2.) District Forum has on the basis of a letter come to a finding that the complainant was entitled to an amount much in excess and the District Forum, on the basis of documents has held that the amount of compensation should be Rs.14918/-. It is to be noticed that there is no basis on which the District Forum has come to this finding. On the one hand the report of Surveyor fixes compensation at Rs.2625/-. On the other hand there is a finding of the District Forum that loss should be estimated at Rs.14918/- This figure is not supported by any material on the basis of which the correctness of the amount can be tested.

(3.) In our opinion the finding that the loss occasioned to the complainant at Rs.14918/- is not correct