It held that the Surveyors report relied on by the claimant has to be accepted and an order for payment out of that amount with interest thereon at the rate of 18 per annum from the date of the loss till the date of payment had to be made.
9 lakhs as the value of the goods lost, to a sum of Rs.
1 lakh as damages for mental agony and for interest at 24 per annum on the entire amount, from the date of the incident of fire.
The State Commission did number companysider the objection to its jurisdiction on merits.
Thus, the appellant was directed to pay a sum of Rs.
The State Commission accepted the position canvassed for by the claimant and refused to look into the report of the private investigator.
The appellant resisted the claim by companytending, inter alia, that the State Commission had numberjurisdiction to entertain the claim that on a further investigation, it was revealed that the fire was number caused by short circuit that it was a deliberate act of causing a fire with a view to make a claim on the insurance policy that the loss was highly exaggerated since the godown companycerned did number have the capacity to take in the quantity allegedly stored and lost that it was a case of an attempted insurance fraud that the claim was closed as a numberclaim that there was numberdeficiency in service and that the claim was liable to be rejected.
8,96,500/ with interest thereon at the rate of 18 per annum from 2.1.1992, till the date of payment.
8,96,500/ on finding that the loss was due to a fire caused by a short circuit that the appellant had repudiated the claim unjustly that there was thus deficiency in service and that the respondent was entitled to a sum of Rs.
The appellant filed an appeal before the High Court of Jammu Kashmir.
It also held that the claim for companypensation had to be denied, since, if granted, the amount awarded would have exceeded its jurisdiction.
The respondent herein approached the State Consumer Commission with a claim that there was an accidental fire in its godown in the night intervening the first and second January 1992 that the goods stocked were lost in the fire that the surveyor appointed had estimated the loss at Rs.
K. BALASUBRAMANYAN, J. The National Insurance Company, the respondent in a claim before the State Commission under the Jammu Kashmir Consumer Protection Act, is the appellant before us.
M s Harjeet Rice Mills, the respondent herein, had insured its stocks with the appellant for the period September 1991 to September 1992.
