DIVISIONAL MANAGER Vs. NAZIR AHMAD SHAH
HIGH COURT OF JAMMU AND KASHMIR
Nazir Ahmad Shah
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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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