NATIONAL INSURANCE CO LTD vs JOGENDRA CHANDRA PAUL

HEARD Mr. A. Roy Barman, learned Counsel for the appellant and Mr. A. Bhattacharjee,learned Counsel for the respondent. This appeal filed by the National Insurance Co. Ltd. (for short the insurer) is directed against the judgment dated 142. 2008 passed by the learned District Forum, West Tripura, Agartala in CPA-2 of 2005 awarding an amount of Rs. 2,38,777 in favour of the respondent Sri Jogendra Chandra Paul with a direction to the appellant insurer to pay the amount within a period of 30 days failing which to pay interest @ 9% p. a. from the date of filing the complaint i. e. 12. 1. 2005.

THE respondent was the owner of a shop situated at Maharajganj Bazar, Khowai Sub-Division. He had taken a policy from the insurer for the period from 9. 8. 2002 to 8. 8. 2003. In the night of 7/8. 3. 2003 at about 1. 30 a. m. the shop premises was gutted by fire accident from electrical short circuit. The owner of the shop claimed compensation for Rs. 4,25,000 to the insurer appellant. In support of the claim he submitted all the relevant documents to the insurer. The insurer had appointed one Saumitra Gupta, a licensed Surveyor, who visited the shop and verified the loss. After the survey, the report was submitted on 4. 3. 2004. The Surveyor assessed Rs. 1,71,221 as the loss of stock in trade and Rs. 47,556 as the damage of the shop premises. The net loss assessed were Rs. 2,18,777 from which Rs. 10,000 was deducted on account of policy excess. Thus, the Surveyor recommended that the liability of the insurer would be Rs. 2,08,777. The respondent owner, after getting no favourable response to his claim from the insurer, approached the District Forum claiming Rs. 3,75,000 which was the assured amount of the policy. Though before the District Forum the insurer filed written objection and pointed out that certain documents were fictitious, Learned District Forum disposed of the claim mainly on the basis of the survey report awarding the amount aforementioned. Aggrieved, the present appeal has been preferred.

After hearing the learned Counsel at length and going through the judgment impugned in the light of the materials available on record we have noticed that there is no dispute about the fire accident in which the shop of the respondent was fully gutted. There is also no dispute that in the said accident the owner sustained substantial loss which was assessed by the Surveyor appointed by the insurer. The report of the Surveyor was not questioned by the insurer or by the owner of the shop before the District Forum and therefore there was no difficult on the part of the District Forum to record its findings. We also find no reason to differ as the findings are based on the admitted survey report. Therefore, we are not inclined to interfere with the same. The appeal is accordingly liable to be dismissed which we hereby do.

THE insurer is directed to pay the amount awarded within a period of two months from today failing which the amount shall bear interest @ awarded by the District Forum. No cost. Appeal dismissed.