SHAMA JI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) -THE predecessor of the complainants, namely, Mr Brij Lal Pandita was a native of Village Bragam Duru, Tehsil Anantnag (Kashmir ). On the eve of spurt of fundamentalistic Jehadi separatist movement which engulfed the Kashmir Valley, he was unfortunately forced to leave his hearth and home and become a migrant in his own country. He owned a three-storeyed Pacca House made of burnt bricks having a roof of CGI sheets. In the year 2000, he got the abovesaid house insured with the OPs and obtained "fire policy" which was in currency on 22. 4. 2001 and had to expire on 21. 4. 2001. The policy was being renewed from year to year. During his life-time, the insured Shri Brij Lal Pandita got information that his house had been burnt. He lodged report before the concerned police authorities and on 4. 3. 2001 incident was registered under FIR 14 of 2001 in Police Station, Duru, for the commission of an offence falling under Section 436, RPC. During his life-time, he had been pursuing the case with the insurer but unfortunately on 22. 7. 2003 he died in a road accident in the vicinity of Udhampur Town where he was living as a migrant. After his death, the OPs asked the complainants to furnish to them a copy of Death Certificate as well as a copy of succession certificate. After the receipt of abovesaid documents, the claim of the complainant was repudiated on 4. 11. 2003. The causes assigned in the application for condoning the delay are that after the death of Mr. Brij Lal Pandita who was the bread-winner of the family, the applicants (now complainants) were emotionally shattered and economically completely ruined. When they came out from the Trauma, somebody guided them to come to the Commission for filing the complaint which was time barred by ten months. The delay was not deliberate and was caused also under the belief that non-applicants OPs would settle their claim because on humanitarian grounds they had reopened it.

(2.) THIS application has been opposed by the non-applicants on the grounds that Mr. Brij Lal Pandita had died on 12. 7. 2003 and the claim of the applicants was repudiated on 4. 11. 2003. Thereafter they chose not to file the complaint within two years. That the complaint was filed after 11 months and it was allowed to be deliberately time barred.

(3.) THE learned Counsel appearing for the applicants has contended that the bread winner of the family of the applicants met with a tragic death and the applicants were thrown on the road side without any protective umbrella and still have been struggling for their survival. Financial constraints and lack of guidance had prevented them in filing the complaint within time. He has referred to letter dated 11. 7. 2005 written by the Manager of the non-applicants/ops to the applicant/complainant No. 1 (Mrs. Shama Ji ), wherein an assurance was given to the applicants in the following manner: