NATIONAL INSURANCE CO LTD Vs. CHANGA ELECTRONICS

JUDGEMENT

(1.) -THROUGH the medium of this revision petition, the order dated 16. 6. 2005 passed by the learned Divisional Forum, Srinagar (hereinafter to be referred to as the Forum) has been challenged. The Forum on the basis of the appraisal of the evidence and after hearing the Counsel for the parties has held that the final assessment made by Mr. Kalim Wahidi, Loss Assessor, was not reasonable as not based on the statement of accounts submitted by the respondents herein. In this view of the matter, direction was given in the impugned order to the petitioner herein to get the loss re-assessed after taking into consideration the statements of the accounts and the purchase bills, which had been submitted by the respondent herein. It was also directed that re-assessment report should have been filed in a span of one month.

(2.) AGGRIEVED by the order the petitioner has challenged it, inter alia, on the following grounds:

(3.) IN rebuttal Mr. Gojri, the learned Counsel appearing for the respondent has contended that the respondent had produced the whole record along with bank accounts before the surveyor, Mr. Kalim Wahidi, but he did not take into account all those documents, including the back accounts regarding which no doubt could be raised about their authenticity.