UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAJ NATH MANTOO
LAWS(J&KCDRC)-2008-12-2
JAMMU AND KASHMIR STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 26,2008

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
Raj Nath Mantoo Respondents

JUDGEMENT

- (1.) THIS appeal has been directed against the order of the learned Divisional Forum Jammu, whereby it has ordered the payment of Rs.1,76,591 along with interest @ 6% per annum, to the complainants Raj Nath Mantoo and Maharaj Krishan Mantoo. The appellant United India Insurnce Co. Ltd. has submitted that the impugned order dated 17.12.2004 is against law and facts. According to the insurer, the respondents were entitled to receive only 1/4th share of the value assessed by the Surveybr while as the DF has calculated their share as half of the assessed value.
(2.) THE facts of the case disclosed by the complainants in their complaint before the DF are that they had insured their portion of house building situated at Sangram Pora, Sopore with the appellant for Rs. 2.00 lakh under policy No. 111800/11/1/5134/92 w.e.f. 27.12.1992 to 26.12.1993 covering various perils described in the policy. That on 16.1.1993 some miscreants set on fire the said building with the result it got gutted and they suffered a total loss. The respondents have further stated that they lodged the FIR No. 15/93 under Section 436, RPC with the police concerned, besides informing the appellant insurer about the loss vide letter dated 28.1.1993. The insurer registered their claim under policy No. 111800/11/0739/93 and appointed M/s. Puri Sons as Surveyors to assess the loss. They completed all the formalities required of them by the Surveyor. However, the insurer, despite their repeated demands, did not indemnify the insured. On the contrary, the insurer repudiated their claim vide their No.AK:SKJ.98 dated 29.1.1998. Hence, the complaint.
(3.) THE learned DF entertained the complaint, proceeded with the matter and held that the complainants were entitled to receive a sum of Rs. 1,76,591 along with interest@ 6% per annum for the loss suffered to the extent of 1/2share of the building in question. The appellant, having felt aggrieved of the Order, came up with this appeal. Heard the learned Counsel for the parties and perused the record carefully.;


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