13/07/2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.

1. Inspite of fixing this case for ex-parte hearing, nobody appears on behalf of the Respondent-Complainant.
2. Heard Mr. P. Kumar, learned counsel appearing for O.P.- appellant (Insurance Company for short) on the prayer for condoning the delay of  about 45 days.

On being satisfied with the grounds, the said delay is condoned.

3. Heard Mr. Kumar on merits. He submitted that the Insurance Company rightly repudiated the claim as the looting of stocks by mob from outsides of premises was not covered under the policy. He further submitted that, the complainant failed to discharge the onus of proving the loss suffered by him. He referred to the materials on record in support of his contention.
4. The learned District Forum has held that the Insurance Company failed to file surveyor’s report, whereas the complainant filed bank statement to show that the value of the stock was more than Rs. 2,00,000/-. It further held that the complainant in order to save some of the books from fire, removed them outside the shop but they were looted by some unknown miscreants, which is covered in allied peril. It directed the Insurance Company to pay Rs. 2,00,000/- to the complainant along with pendent lite  and future interest  @ 9% per annum, besides Rs. 5000/- as costs.
5. The relevant “Description of covers/perils” reads as follows:-

1. “B.    Fire & Allied Perils: Contents, excluding Money & Valuables, but including Furniture Fixture Fittings and Stock in trade”,

Mr. Kumar explained that ‘B’ stands for ‘Burglary’.

6. In our opinion looting of the stock of books taken to outside the shop premises for saving them from fire, is included in the said covers/perils. Further, the Insurance Company did not file the surveyor’s report for the reasons best known to it. On the other hand the complainant filed the bank account etc. to show the extent of loss.

Thus, we find no merit in this appeal.

7. On this, Mr. Kumar submitted that the statutory amount may be released in favaour of the complainant and the balance amount will be paid by the Insurance Company.
8. Accordingly, the office is directed to pay Rs. 25,000/- to the complainant through its counsel within four weeks.
9. The Insurance Company is directed to pay the balance amount as per the order of learned District Forum, to the complainant within six weeks.

This appeal thus stands dismissed.

Issue free copy of this order to all concerned for information and needful.

Ranchi,

Dated:- 13.07.2015