REGIONAL MANAGER Vs. BASHIR AHMAD RANGREZ & BROTHERS
HIGH COURT OF JAMMU AND KASHMIR
Bashir Ahmad Rangrez And Brothers
Click here to view full judgement.
BHAWANI SINGH, J. -
(1.) THIS group of 13 Appeals CIMA No. 246/1996; Regional Manager. National Insurance Co. Ltd. and Another V. Bashir Ahmad Rangrez and
Brothers; CIMA NO. 317/1997 National Insurance Co. Ltd. and Another Vs.
Mohammad Shafi and Mohammad Abbas; CIMA No. 22/1997, -Nalional Insurance
Company Vs. Mohammad Shafi Shah; CIMA No. 23/1997, National Insurance
Company Ltd. Vs. Mohammad Aslam; CIMA No. 250/1996; National Insurance
Co. Ltd. and Another Vs. Mehraj ud din Mir; CIMA No. 75/1997, Regional
Manager. National Insurance Co. Ltd and Another Vs. Abdul Rashid Ahanger;
CIMA No. 329/1997, National Insurance Company Ltd. and Another Vs.
Mohammad Ashraf: CIMA No. 328/1997. National Insurance Company Ltd. and
Another Vs. Mohammad Ashraf; CIMA No. 330/1997, National Insurance
Company and Another Vs. Showkat Ahmad Laway; CIA No. 85/1995. The
Regional Manager, National Insurance Company Ltd. and Another Vs. Mushtaq
Ahmad Siraj and Another CIA NO.83/1995, Regional Manager National
Insurance Company Ltd. and Another Vs. Bashir Ahmad Qureshi; CIMA
NO.230 -31/1996, National Insurance Company Ltd. and Another Vs. Mohammad
Tariq Raja and CIA NO. 175/1996, Regional Manager, National Insurance
Company Ltd. and Another Vs. Bashir Ahmad) is proposed to be decided by
this Judgment, since common question is raised for consideration and
decision by the parties.
(2.) CLAIMANTS approached the Appellants for payment of loss suffered by them to their property/stocks, which were insured with the
Appellants. In all these cases, surveyors have been appointed by the
Appellants for assessment of loss and surveyors filed their reports in
all the cases except CIMA NO.317/ 1997, CIMA NO. 250/1996, CIMA NO.
75/1997 AND CIMA NO 330/1997. Thereafter, the Appellants made payments to the claimants and discharge vouchers were executed in full satisfaction
and discharge of all claims upon them under policy for loss and/or damage
arising from a fire which occurred with respect to the property. These
discharge vouchers reflect the amount paid to the claimants. They are
signed by the claimants as well as the competent officers of the
(3.) AFTER receiving the amount reflected in the discharge vouchers, the claimants preferred claims before the commission demanding interest
on the amount so paid and compensation. The commission has allowed the
claims by ordering payment of interest at the rate of 18% per annum on
the accepted liability from the date of loss till the date of final
payment. In some cases, compensation for various amounts has also been
Shri Javed Kawoosa, learned counsel appearing for Appellants, contended that after execution of discharge vouchers towards full and
final settlement of all claims against the Appellants, no further claim
can be raised before the Commission nor the latter has competence to
award the same. With a view to buttress the submission, reference was
made to 1994 Supp (3) Supreme Court Cases 126, (M/s P.K. Ramaiah and
Company Versus Chairman & Managing Director, National Thermal Power
Corpn.); 1995 Supp (3) Supreme Court Cases 324, (Nathani Steels Ltd.
Versus Associated Constructions) and 1998 SLJ 357, (Mst. Salima Jabeen
Versus National Insurance Company Ltd.). This contention is opposed by
Shri N.D. Kapra, learned counsel for respondents in these cases. It is
contended that irrespective of executing discharge vouchers, the
claimants can raise dispute for interest and compensation before the
Commission and this view is supported by Apex court decision in Lucknow
Development Authority Versus M.K. Gupta, (AIR 1994 Supreme Court 787).;
Copyright © Regent Computronics Pvt.Ltd.