ORDER
20-08-2018
Smt. Renu Sinha, Member (F)
The present appeal is directed against the order dt. 12-04-17, passed by the District Forum, Madhubani, in Complaint Case No. 53/14, wherein it was directed to O.P Insurance Co. to pay 2/3rd of the claimed amount to compensate the loss for Rs. 4,03,235/- with interest @8% p.a from 25-09-2012 till realization and to pay Rs. 2,000/- towards mental harassment and Rs. 3,000/- towards litigation cost.
2. The complaint case filed in District Forum relates to allegation of deficiency in service on part of O.P Insurance Co. for nonpayment/rejection of the insurance claim of Rs. 6,04,850/- made by the complainant against the loss of insured stock due to theft occurred in the shop of the complainant on 25-09-12 dealing with Masala/spices insured with the O.P Insurance Co. for sum of Rs. 5 lakh against the stock in trade. The O.P Insurance Co. taken stand that the defects not removed by the complainant as demanded by the surveyor and due to non furnishing certain documents such as bank account/stock statement or authentic memo or receipt paper of purchase or bank ledger for arriving at actual loss, as such for want of above documents and other document with respect to ownership of the said shop, the surveyor could not assess the loss and the claim stood as no claim. The District Forum after hearing the parties and on considering the materials produced as evidence on their behalf, allowed the claim to the extent of 2/3rd of the claimed amount on basis of the affidavit having found the complainant as owner of the shop where incident of theft taken place and the policy covered the risk of materials/stock in trade only and the police investigation found the incident of theft as true.
3. Being aggrieved with the order of the District Forum the appellant Insurance Co. have come in appeal on grounds that the District Forum failed to consider the facts that there was no any authentic documents such as bills/voucher of purchase, bank stock statement, ledger or cash book were produced by complainant enabling assessment of the actual loss due to theft as also fardbiyan of the complainant stated to have given list of stolen items on basis of memory, the impugned order passed by the District Forum passed allowing the quantum of claim without any documentary proof without consideration of the survey report, is not proper and legal and fit to be set aside.
4. Heard the counsel for the appellant as well as the counsel for the respondent. Considering the entire materials available on record along with impugned order in detail.
5. Admittedly the shop of the complainant dealing with Masala/spices was insured with the appellants Insurance Co. against the loss of stock in trade for sum of Rs. 5 lakh and the incident of theft occurred within valid period of the policy found true by the police. Now the only issue is to determine the quantum of loss suffered by the complainant due to theft. We do not find any authentic papers or document produced by the respondent/complainant as evidence with respect to the stock available at the time of theft in insured premises. In absence of evidence it is just not possible to assess the actual loss. Under the circumstance, we are of the opinion that the rejection of claim by the appellant insurance Co. for want of related documents/evidence, appears to be quite justified. As such the order of the District Forum allowing the claim without any basis appears not valid and therefore, it is not sustainable under the law. It is thus set aside.
6. In result, the order of the District Forum is set aside. The appeal stands allowed.
S.K. Sinha Renu Sinha
President Member (F)
Mukund
