P. RAGHAVENDRA Vs. BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The order of the District Forum Ananthapur in C.D.No.10 of 2005 is under challenge by way of appeal preferred by the complainant seeking for enhancement of compensation from Rs.30,000 to an amount of Rs.2 lakhs along with interest and costs

(2.) The complainant is a proprietor of M/s Ragavendra Book Stall at Goothy in Anathapur District. The complainant obtained Shop Keepers Insurance Policy bearing No.2004/508 for the period commencing from 6.9.2003 till 5.9.2004. The sum assured in terms of the insurance policy issued by the opposite party is Rs.2 lakh. A fire accident occurred in the shop of the complainant on the intervening night of 28/29 December 2003 at 1.30 a.m. and on being informed of the incident the complainant contacted the fire station at Guntakal. The fire official extinguished the fire at 3.30 a.m. The complainant contended that there was stock worth of Rs.2,90,000/- in his shop at the time of the accident and that all the account books purchase bills were burnt. The complainant lodged a complaint with the policy Goothy. The police registered a case in Crime No.158 of 2003.

(3.) The complainant informed the opposite party about the accident. The official of the opposite party inspected the premises and conducted preliminary enquiry as also estimated the loss. At the request of the opposite party, the complainant submitted few bills relating to the transactions of his shop which according to him were accidentally not kept in the shop. The opposite party through letter dated 24.9.2004 informed the complainant that he had submitted fake bills and demanded the complainant to submit a certificate from the electricity department to show that the shop was burnt due to electric short circuit. The complainant contended that there were no eye witnesses nor was there any provision of law empowering him to obtain a certificate from the electricity department to the effect that the shop was burnt due to the short circuit. The complainant got issued legal notice dated 11.10.2004 and being not able to get any response thereto, he has filed the complaint.