NATIONAL INSURANCE CO LTD Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This revision is directed against the order dated 10.8.2004 of Consumer Disputes Redressal Commission Uttar Pradesh, Lucknow partly allowing appeal against the order dated 11.2.2002 of a District Forum and reducing the amount of compensation to Rs. 45,000. The District Forum had ordered the petitioner/opposite party No. 1 to pay amount of Rs.1 lakh to respondent No. 1/complainant.

(2.) Respondent No. 1 alleged that after taking loan of Rs. 1 lakh under Prime Minister Employment Scheme sometime in September, 1999, he started a general store. General store was got insured for a sum of Rs. 1 lakh with petitioner insurance company on 20.9.1999. On the intervening night of 15th and 16th September, 2000 some thieves entered into the general store and stole the goods laying there. On complaint being lodged with police station, FIR No. 145/2000 was registered at Police Station - Meer Ganj. Petitioner was informed of the theft. M/s. B.S. Chawla and Co., urveyor appointed by petitioner insurance company visited the general store of respondent No. 1 on 26.9.2000. Claim lodged by respondent No. 1 with the petitioner Insurance Company was repudiated by the letter dated 28.2.2001. Complaint alleging deficiency in service filed thereafter by respondent No. 1 was contested by the petitioner on a variety of grounds and for deciding present revision those grounds need not be set out here.

(3.) Contention advanced by Shri P.K. Seth for petitioner was that M/s. B.S. Chawla & Co., Surveyor had assessed the loss at Rs. 17,047 and there was no basis for the State Commission to have passed order for payment of Rs. 45,000 to respondent No. 1. It was pointed out that against Surveyor's report dated 21.11.2000, respondent No. 1 had not filed any objections. Copy of report is at pages 20 to 23 in volume I. Material portion of this report is extracted below: