UNITED INDIA INSURANCE COMPANY LIMITED Vs. INDER KRISHAN MATTOO
HIGH COURT OF JAMMU AND KASHMIR
UNITED INDIA INSURANCE COMPANY LIMITED
INDER KRISHAN MATTOO
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Tejinder Singh Doabia, J. -
(1.) THE household goods and the house which were subject matter of insurance cover were damaged in a fire incidence. THE house was insured for Rs. 60,000/ - and the household goods were insured for Rs. 1,55,000/ -. THE Commission has accepted the plea put across by the complainant. A sum of Rs. 49,000/ - has been allowed so far as the house is concerned. On account of the loss suffered to the household goods, an amount of Rs. 1.30 lakhs has been allowed as compensation. Interest has also been allowed at the rate of 18%. This has been allowed -with effect from the date of loss.
(2.) THE learned Counsel appearing for the appellant Company submits that so far as the household goods are concerned, the story put across by the complainant cannot be believed. THE plea of the complainant that he and his family members left the valley and were able to remove the goods worth Rs. 5,000/ -, as per the appellant -Company is not believable.
The above said fact, however, has been believed by the Commission. It has been held that the household goods were not removed by the complainant. For coming to this conclusion, the report submitted by the Surveyor was taken note of. The Surveyor in his report did make mention of the fact that in the debris some burnt rags of furnishing (Gubba and Namda) parts of kitchen were crockery, some deshaped metallic objects and remains of a destroyed jacket in the niche of a room were seen. A perusal of the photographs does indicate that the house was subjected to extensive damage by the fire. Therefore, keeping in view the report of the Surveyor that some metallic objects and other material were lying in the debris, it cannot be said that the household goods were removed by the complainant -respondent.
(3.) THE learned Counsel for the appellant submits that vis -a -vis household goods, some depreciation should have been allowed.;
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