RANJAY OSWAL Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) THE only question which requires consideration is whether the fire which destroyed the factory, building, machinery, stocks and buried the father and brother of Complainant No.1, was self-engineered or not?

(2.) IN our view, for the reasons discussed hereinafter, it cannot be imagined that the fire was self-engineered for taking away the life of the father and brother of the Complainant No.1. Such far-fetched imagination on the part of the Insurance Company can be stated to be bordering on unfair trade practice because:

(3.) AFTER the fire, the Complainant lodged claim with the Insurance Company and supplied all the relevant documents. The Insurance Company appointed M/sJ.B.Boda Surveyors Pvt. Ltd., and Thapar, Srinivasan and Kapoor Pvt. Ltd. as surveyors to investigate and assess the loss. The Surveyors submitted their joint interim survey report on 2.1.1998. For the cause of fire, it has been stated "it may be construed that the fire was accidental in origin and in all probability, caused by a misdirected fire cracker or electric short-circuit".