PARA TEXTILES vs United India Insurance Co. Ltd.

SHORTLY put the case of complainant is that complainant insured stocks in trade and furniture and fixtures for an amount of Rs. 5.00 lacs on 18/19th September, 1998. The shop was gutted in fire and the stocks were damaged. The complainant raised the claim and filed the FIR. Both police report and the Fire Brigade report have confirmed the occurrence and the loss but the O.P. in its written version has contended that the complainant did not submit documents to the Surveyor appointed. They declared the claim as "no claim". In the written version O.P. has contended that the claim is barred by time because it has not been filed within 12 months from the date of repudiation. Complainant besides his own statement, has got examined Ghulam Rasool, Mohd. Maqbool Dar. O.P. has produced no evidence in the rebuttal.

HEARD learned Counsel for the parties. We have perused the record. There is no dispute about the insurance policy and no dispute about the occurrence of fire. Even the appointment of Surveyor also is admitted. Two Surveyors have been appointed. Tahir Ahmed Shah was appointed as preliminary Surveyor and Kaleem Waheedi was appointed as final Surveyor. Kaleem Waheedi has not submitted his assessment report. He has recommended for declaring the claim as ''no claim'' on the ground that there was no cooperation from the complainant. However, the Commission directed the O.P. to appoint fresh Surveyor to assess the loss. O.P. appointed Tahir Ahmed Shah who has assessed the loss and submitted the report which is on the file. Report is dated 20.3.2003. We have examined the plea of learned Counsel for O.P. that the claim is barred by time but we have found it in time. Claim has been declared as no claim on 5.2.1999 which has been communicated to the complainant after few days and immediately thereafter complaint was filed on 8.2.2000, which is in time.

We have examined the assessment of the Surveyor. It has not been objected by the other side. Surveyor has assessed the net loss at Rs. 1,87,126.00. O.P. has not raised any finger against this report nor has produced any evidence in reply to the evidence of complainant. In the assessment report of the Surveyor, he has stated that the complainant has produced to him copy of police report, fire brigade report, annual assessment report; only books of account have not been produced which the complainant has claimed to have been got gutted in fire. There is nothing on the record against the assessment report of the Surveyor and no serious objection has been raised about the claim. The complaint is allowed. O.P. is directed to pay Rs. 1,87,126.00 to the complainant with 9% interest from 3 months after the direction was issued for the appointment of fresh Surveyor i.e., 4.9.2001. Rs. 2,000.00 are directed to be paid as litigation charges to the complainant. The entire amount be paid within 5 weeks. Complaint allowed.