ORIENTAL INSURANCE CO LTD Vs. KUSH PANDEY

JUDGEMENT

(1.) The complainant/respondent obtained a Shopkeepers Insurance Policy from the petitioner in respect of the stock kept in his shop at P.O. Nuasahi, Balasore in Orissa, to the extent of Rs.10 lakhs for the period from 9.9.2009 to 8.9.2010. A fire broke out in the shop of the complainant on 28.1.2010. Intimation of the loss having been given to the petitioner, a surveyor was appointed to assess the loss. The surveyor assessed the loss at Rs.2,40,000/- as against the claim of Rs.774788/- but recommended payment on non-standard basis on the grounds that (i) the insured had failed to prove the loss (ii) he had prevented physical verification by throw dumping of fire damaged stock (iii) he had not produced the documentary proof of the purchase. The insurer therefore offered a sum of Rs.1,68,000/- to the complainant which was declined. Being aggrieved from non-payment of the claim, the complainant approached the concerned State Commission by way of a consumer complaint.

(2.) The complaint was resisted by the appellant primarily on the grounds on which the surveyor had made the assessment and then recommended payment on non-standard basis.

(3.) The State Commission vide impugned order dated 11.12.2017, directed the appellant to pay a sum of Rs.774788/- to the complainant along with interest @ 8% p.a. from the date of the claim and cost of litigation quantified at Rs.20,000/-. Being aggrieved, the insurer is before this Commission.