NATIONAL INSURANCE CO LTD Vs. JAI PRAKASH GUPTA

JUDGEMENT

(1.) The present revision petition is filed against the order of the State Commission, Madhya Pradesh, dated 23.3.1999 in Appeal No. 363/95, whereby the State Commission has allowed the appeal filed by the respondent/complainant against the order dated 28.3.1995 of the District Forum, Bhopal, in Complaint No. 590/93 and thereby has enhanced the amount from Rs. 46,980 awarded by the District Forum to Rs. 1,25,000. Brief facts of the case are:

(2.) The respondent/complainant, Shri Jai Prakash Gupta, had insured the shop under the name of M/s. Gwalior Tobacco Stores, Bhopal, under the shopkeeper's insurance policy for a period 4.12.1992 to 3.12.1993 from the petitioner, National Insurance Company. The sum insured under the policy towards the stock consisting of Beetal nuts, Bidi, Match Box and Pan Masala was Rs. 1,00,000 and Rs. 25,000 for furniture and fixtures. This insurance of total Rs. 1,25,000 was taken against theft, fire and riot, etc.

(3.) On 6.12.1992 riots broke out all over India because of demolition of Babri Masjid and a curfew was imposed in Bhopal from 7.12.1992 to 12.12.1992. The respondent could not go to his shop till 12.12.1992 because of the curfew in that area and when the respondent reached his shop on 13.12.1992 he found that his shop was completely looted and the furniture was brought out and set on fire. On the same day the matter was reported to the police and a claim for total loss was made to the Insurance Company. During the investigation of the claim, the complainant submitted the duplicate bills of purchase of the goods.