ORIENTAL INSURANCE COMPANY LTD Vs. BANKA RAM AND ORS
LAWS(HPCDRC)-2009-5-5
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 22,2009

ORIENTAL INSURANCE COMPANY LTD Appellant
VERSUS
Banka Ram And Ors Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the order of District Consumer Disputes Redressal Forum, Shimla in Consumer Complaint No. 25/2006 dated 11.11.2008 whereby the District Forum below has allowed the complaint of the respondent (Banka Ram) and directed the appellant -Insurance Company to indemnify the respondent to the extent of Rs. 8 lacs being sum insured alongwith interest @ 9% per annum with effect from the date of filing of the complaint, i.e. 17.1.2006 till making full payment of the aforesaid amount. In addition to this appellant -Insurance Company was also burdened with litigation costs of Rs. 3000/ -. Hence this appeal.
(2.) FACTS of the case are within narrow compass. Respondent who was owner of three storied residential house situated at village Pujarli, Sub Tehsil Tikkar, District Sirmaur had got insured his house alongwith household articles with the appellant -Insurance Company for a sum of Rs. 8 lacs, vide policy No. 11/2005/3001. Risk covered was from 23.3.2005 to 22.3.2006. Record further shows that on 12.4.2005 the insured building and household articles were completely reduced to ashes in a fire which broke out in the said house, as such the present complaint was filed by the respondent to indemnify the respondent to the tune of Rs. 8 lacs alongwith 18% interest from the date of filing of the complaint till realization and in addition to this compensation amounting to Rs. 60,000/ - was also claimed for illegal withholding of the insured amount.
(3.) APPELLANT -Insurance Company contested and resisted the complaint by not accepting the claim submitted by the respondent on the ground that it was on the higher side. Respondent relied upon the report of the surveyor who assessed the loss to the tune of Rs. 1,66,550/ -. The brief resume of evidence led by the appellant in nutshell will now be discussed. The appellant in support of its case has led evidence by way of affidavit of Shri Mahinder Kumar Sharma, Surveyor and Loss Assessor and has also placed on record Annexure R -11 and photographs R -1 to R -8 respectively.;


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