DIVISIONAL MANAGER Vs. NAZIR AHMAD SHAH
LAWS(J&K)-1999-7-18
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 23,1999

DIVISIONAL MANAGER Appellant
VERSUS
Nazir Ahmad Shah Respondents

JUDGEMENT

BHAWANI SINGH,J - (1.) We propose to dispose of these three Appeals (CIMA No. 195/1996, Divisional Manager and another vs. Nazir Ahmad Shah; CIMA No. 199/1996, Divisional Manager, United India Insurance Co. Ltd., Srinagar and another Vs. Nazir Ahmad Shah and CIMA No. 202/ 1996, Divisional Manager, United India Insurance Co. Ltd., Srinagar Vs. Nazir Ahmad Shah) by this judgment, since they arise between the same parties, though covered under different policies, but arising out of the same fire incident dated 27 -10 -1990 at Anantnag.
(2.) CIMA No. 195/1996 Divisional Manager United India Insurance Co. Ltd., Srinagar and Another Vs. Nazir Ahmad Shah.
(3.) CLAIMANT insured his building at Anantnag with Appellants for Rs. one lac. It was destroyed in fire of 27 -10 -1990. Appellant(s) was informed by claimant and Surveyor appointed. Loss was assessed at Rs. 64,000/ -, but Appellant(s) reduced it to Rs. 40,000/ -, but it was not paid. Matter came before the Commission where Appellants stated that the claim could not be settled, since the Claimant did not furnish necessary documents. However, it was admitted that Fire Brigade Report, Police Report and Town Area Report were furnished by claimant establishing that the house was lost in fire. Again, the Appellants took the stand that further details sought from claimant were not furnished, therefore, they could not establish the fact that this house was lost in fire. Ultimately, on this question, Commission came to the conclusion that the defence taken by Appellants was not correct; house was lost in fire and claim was justified. This conclusion was based on the, statement of claimant, his witnesses, the stand taken by the Appellants and documents placed before the Commission. Ultimately, order for payment of Rs. 64,000/ -alongwith interest at the rate of 18% from the date of loss till final payment has been made; besides compensation of Rs. 20,000/ - allowed. Cima No. 199/1996 Divisional Manager United India Insurance Co. Ltd., Srinagar and Another vs. Nazir Ahmad Shah. ;


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