National Insurance Company Ltd.Calcutta.; Development officer.National Insurance Co.Ltd.MAM Road Sgr vs Rightway Shoes, Lal Chowk, Srinagar through its proprietor Showkat Hussain

Through the medium of this appeal, National Insurance Company and another had assailed the correctness of the order dated 21.09.1999

passed by the J and K State Consumers Protection Commission, Srinagar (Commission), whereby a sum of Rs. 3,01,854.00 with 12 % interest

effective from 01.03.1991 has been awarded as compensation.

Mr. J.A. Kawoosa, learned counsel appearing for the Insurance Company has challenged validity of the order on twin grounds, firstly that the

complaint is barred and secondly the Commission has not appreciated the evidence in right perspective while awarding the compensation to the

complaint resulting the order to be bad in law and deserves to be set aside.

As regards the regards the first contention raised by the appellants counsel, it is pertinent to point out that the factual matrix of the case has not

been disputed by the learned counsel for the appellants during debate. The xerox copy despatched by the Insurance Company to its surveyor by

way of reminder dated 18.11.1997 produced while addressing the court during arguments explicitly reveals the claim to be in process on the said

date. This correspondence remained unrefuted and undisputed by Mr. Kawoosa, appellants counsel. In such event, he could not effectively justify

his plea about the claims of the complainant to be time barred, so as to merit acceptance with the Court.

Another limb of argument advanced by Mr. Kawoosa, appellants counsel, is that the Commission has not appreciated the evidence which too is

neither factually nor legally sustainable. The commissioner,. In fact, has discussed the analyzed the evidence before reaching a conclusion.

The surveyor has clearly estimated sum of Rs. 3,01,854.00 as net loss occurred to the insured after giving full break up on every item in the

report, of course, after discussing and relying upon all the documents produced by the insured alongwith the police report. In the absence of any

evidence oral or documentary found on record to the contrary, we are left with no course but to accept surveyothers report which too has been

relied upon by the Commission, while awarding the compensation. Manifestly, there does not appear any infirmity legal or factual in the impugned

order of the Commission, so as to invite interference by this court in the appeal.

Consequently, the sum of Rs. 3,01,854.00 awarded by the commission is affirmed with 12% interest effective from the date of filing the

complaint, i.e. 08.07.1997 till it is deposited in the court and thereafter interest accused on the amount, if any.

With these directions/modification, the appeal stands disposed of.