KAMLESH TIWARI vs MANAGER, THE NEW INDIA INSURANCE COMPANY

ALL these cases deal with the same controversy and they are being decided by common judgment.

THE facts of the cases in brief are as under : That the complainant claimed for Rs. 50,000/- as compensation and Rs. 25,000/- as expenses and interest. THE complainant had got Shiva Tent House situated at Pratapgarh insured with the opposite party New India Insurance Company for Rs. 1,30,000/-. THE period of policy was one year. During the period of the policy, fire took place on 17.6.1996. THE fire was set by some un-social elements, a report of which was lodged in the Police Station. THE information of this incident was given to the opposite party-THE New India Insurance Company on 19.6.1996. THE Insurance Company appointed two Surveyors and paid Rs. 38,213/- on 26.11.1996. But inspite of assurance, rest of the amount has not been paid so far. The opposite party has alleged that Rs. 38, 213/- was paid in full and final satisfaction of the claim to the complainant and the receipt of the same was issued by him.

The learned District Forum, after perusal of the evidence, came to the conclusion that loss of the complainant was to the extent of Rs. 55,908/- for which interest @ 10% per annum with effect from 17.6.1996 till the date of payment shall be made.

AGGRIEVED from this order both the parties have come up with an appeal. We have heard learned Counsel for the parties and perused evidence on record.

LEARNED Counsel for New India Insurance Company has argued that the claim of the complainant for Rs. 38,213/- was approved on the report of the Surveyor and the entire amount was paid in full and final satisfaction of the claim. On the other hand the complainant in his appeal has argued that the receipt of the claim of Rs. 38,213/- was taken from the complainant under pressure and he was told that entire amount of Rs. 55,908/- reported by Surveyor as loss shall be paid but the same has not been paid. Then, the amount has been increased alongwith interest @ 18% per annum. Now, we examine the contention of the parties in light of evidence on record. Learned Counsel for the New India Insurance Company has drawn our attention to photostat copy of receipt dated 26.11.1996 which was issued in favour of the New India Insurance Company by the complainant.

A perusal of this receipt goes to show that the complainant has accepted the amount of Rs. 38,213/- in satisfaction of his claim. It has been further mentioned that the cheque should be prepared in favour of Kamlesh Tewari as there is no account in favour of Shiva Tent House. Thus a perusal of receipt clearly goes to show that amount of Rs. 38,213/- has been accepted by the claimant in full satisfaction of the amount which was paid to him. Thus, this clearly goes to show that the claim has been accepted in full and final satisfaction as no protest has been made by the complainant while accepting the cheque.

IT has been argued that the receipt was obtained under pressure. But there is no evidence on record to support this plea. Even no notice was issued to the Insurance Company by the complainant after receipt of the cheque to this effect. Thus, we come to the conclusion that the claimant was satisfied on receipt of the amount of cheque and the contention of the claimant can not be accepted at this delayed stage. Appeal No. 307/99 and Revision No. 174/99 filed by the Insurance Company are liable to be allowed. Appeal No. 34/99 filed by complainant is liable to be dismissed. Order

Appeal No. 307/99 and Revision No. 174/99 are allowed and the judgment and order of the learned District Forum are set aside and complaint is dismissed.

APPEAL No. 34/99 is dismissed. There will be no order as to costs. Appeal 307/99, Revision 174/99 allowed and Appeal No. 34/99 dismissed.