NATIONAL INSURANCE COMPANY Vs. ARVIND KUMAR OJHA

JUDGEMENT

(1.) Facts of the case as per the Respondent/Complainant are that Respondent/Complainant was the owner of a medicine shop in the name of New Shubam Medical Store in Raipur City. The respondent obtained fire insurance policy No. 321000/11/05/3100001335 from the Petitioner/Opposite Party valid for the period from 30.1.2006 to 29.1.2007. In the said policy medicines worth Rs. 7,50,000 covering all kinds of medicines boxes, loose and covered and also furniture and fixtures such as inverter, fridge, meter glass for Rs. 1,75,000 were covered.

(2.) Respondent stated that there was a sudden fire in his shop on 16.11.2006 and information was reported to Police Station, Lal Bagh. In his report to the police respondent alleged to have suffered a loss of Rs. 10,00,000 in his shop. He also informed the agent and office of the petitioner telephonically as well as in writing about the fire incident in medical store on 16.11.2006. The petitioner deputed Mr. R.K. Jain surveyor who inspected the spot and gathered information from the respondent. The petitioner appointed another surveyor Mr. Radhey Shyam Gupta, Chartered Account.

(3.) Respondent further stated that he was income tax as well as sales tax payer and in this regard Sh. Dashore, Consultant handles his accounts, which the latter on maintains on his computer. The insurance policy was issued only after the insurance agent and an officer had carried out an extensive inspection of the goods, furniture and other items which were to insured. The information about fire in the shop of the respondent was give by his neighbour Kishore Chaudhry. The police prepared the panchnama about the damage caused to the medical store and assessed the loss of Rs. 9,34,000. In the said incident, the entire stock of medicines and furniture was destroyed and panes of the show case were broken. Packets and strips of medicines, bottles, injections, sales bill books and envelopes, etc. were totally destroyed. The documents supplied by the petitioner to the respondent were those lying with the tax consultant Mr. Kishoreji for accounting purposes. The respondent had also informed the fire brigade of Municipality about the fire and they had issued a certificate in this regard.