ORIENTAL INSURANCE COMPANY LIMITED Vs. SHAM LAL BHAT
LAWS(J&K)-1999-3-41
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 12,1999

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
SHAM LAL BHAT Respondents

JUDGEMENT

Mr. Tejinder Singh Doabia, J. - (1.) THE respondent complainant was directed to be compensated for the loss sustained on account of fire in which the house of the complainant was burnt.
(2.) THE appellant Insurance Company had issued fire policy. This was effective from 5th April, 1995 to 4th May, 96. During the currency of said policy, the house of the complainant was damaged by fire on 10th May, 95. THE loss was intimated to the appellant -Company. M/s. H. Kanan and Company was appointed as Surveyor. It submitted its report on 12th May, 96. THE loss so assessed was to the extent of Rs. 3,06,372/ -. THE Surveyor came to the conclusion that the house was a two storey building. It had a covered area of 1,215 sq. ft. THE appellant Company was not satisfied with the Surveyor report. A second Surveyor was appointed. THE second Surveyor, M/s. Alak Consultants Private Limited came to the conclusion that the loss actually suffered was to the extent of Rs. 1,90.852/ -. The State Commission has come to the conclusion that the complainant is entitled to be compensated on the basis of the report furnished by the first Surveyor. Interest @ 18% has also been allowed. It is this order passed by the State Commission which is the subject matter of challenge in this appeal. The basic argument raised is that the plinth area as given in the report submitted by the second Surveyor was based on realities and the loss so assessed could be made the basis for assessing the loss.
(3.) IT be seen that the second Surveyor in his report had observed that the inspection of the building revealed that the building did suffer extensive damage. IT had collapsed completely. IT has further observed that it was not possible to ascertain the exact specification of the building. The copy of final joint survey report of M/s. H. Kanan and Company was provided to the second Surveyor for reference. After thorough scrutiny of the report, the specifications and various items allowed by the first Surveyor were found reasonable. The amount was reduced by taking note of the plinth area. The second Surveyor also observed that it is not possible to work out a detailed assessment of the loss.;


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