MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed C.C.Case No. 19/2022 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:
“ Honbl’e Commission may kindly issue necessary direction to the Op No.1 & 2 (Insurance Company) to award compensation amount of Rs. 4,00,000/- (Insurance claim Policy amount and also Rs. 6,00,000/- to the Petitioner towards his mental agony, loss of health and social dignity of the Complainant”.
Brief fact of the case is that the Petitioner having a garments/dress shop named style as “ Mayuree Fashion” at Patamundai market . The said shop of the Petitioner was covered under Policy No. 345304/48/2021/2022 under the Company of the Oriental Insurance Co. Ltd. City Branch Office, station square, Bhubaneswar. The said Policy was valid from dt. 19.02.2021 to midnight of 18.02.2022. During the said period on dt. 29.03.2021 at about 9.10 P.M. the said dress shop of the petitioner was completely burnt due to electric short circuit, all the dress/clothes stock kept inside the said shop alongwith purchased bills, papers and register were burnt into ashes. The fire brigade came and operated their operation, but during the period all the stocks more than of value of Rs. 5,50,000/- had been turned into assesses. The Asst. Fire Officer, fire station Kendrapara have inquired and issue fire accident certificate, in which specifically stated that the said shop of the petitioner was completely/totally burnt by the fire and loss of more than Rs. 4,00,000/- has been cause to the petitioner. The Police officer of the local police station also visited the spot & inquired and also reported that, the fact of burning of dress sop of the Petitioner is true and registered the incident in the station diary/general dairy No-005 dt. 06.04.2021. The fire officer have also supplied fire certificate with its report vide No. 1970/KDPFS dt. 06/04/2021 to the Petitioner. The Petitioner intimated the fact of the accident & burning of his garments shop to the Branch Manager & on dt. 01.4.2021 the aforesaid insurance company deputed Mr. Santosh Ku. Dash surveyor & loss assessor, who visited the spot inquired into the incident took evidences of the local people, who narrated the fact of fire accident occurred in the garments shop of the Petitioner on dt. 29.03.2021. The surveyor himself saw the garments shop of the petitioner, which had been completely burnt into ashes and learnt that the stocks, purchase bills, papers etc. kept inside the shop has been burnt into assesses.
The Ops have filed their written version stating that, this Op i.e the Oriental Insurance Company admits who have issued on shop Keeper Insurance Policy bearing No. 345304/48/2021/2022 against Mayur Fashion, Prop. SK. Golam Hashnain At/Po- Pattamundai, Dist-Kendrapara for period for risk cover from 19.02.2021 to 18.02.2021 stock cover in trade of Rs. 4 Lakhs subject to ceturned term & conditions. The copy of Insurance is Annexed herewith and marked as Anexure-A. On dt. 22.04.2022 this Oriental Insurance Company inform to petitioner to produce all relevant documents related to claim. But Petitioner failed to provide and claim under Policy No. 345304/48/2021/2022 is closed as no claim. As per standard Fire & Special Perils Policy General conditions No.6, “ The insured shall also at all times at his own expenses produce, procure & give to the company all such further particulars, plans, specification books, vouchers, invoices, duplicates or copies thereof, documents, investigation reports(internal/external) proofs & information with respect to the claim and the origin and cause of the loss and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount of the liability or the amount of the liability of the Company as may be reasonably required by or on behalf of the company together with a declaration on oath or in other legal form of the truth of the claim and of any matters connected therewith.” No claim under this policy shall be payable unless the terms of this condition have been complied with and accordingly our Company has No LIABILITY under Shopkeepers Insurance Policy No. 345304/48/2021/2022 as Annexure-D.
The Ops have rejected the claim of the Complainant on the ground that, 1)Computerized books of Accounts, 2) Copies of purchase Receipt/Bills from the supplier and 30 Besides of preparation of Estimate in the absence of purchase bills/Register & sales Bills/Register. We have intimated you vide out letter dt. 07.04.2022 that your claim Policy No. 345304/48/2021/2022 is closed as No claim, a s per Standard Fire & Special Perils Policy General conditions No.6( c) “ the insured shall also at all times at his own expenses produce,procure and give to the company all such further particulars, plans, specification books, vouchers, invoices, duplicates or copies thereof, documents, investigation reports(internal/external) proofs & information with respect to the claim and the origin and cause of the loss and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount of the liability or the amount of the liability of the Company as may be reasonably required by or on behalf of the company together with a declaration on oath or in other legal form of the truth of the claim and of any matters connected therewith.” No claim under this policy shall be payable unless the terms of this condition have been complied with and accordingly our Company has No LIABILITY under Shopkeepers Insurance Policy No. 345304/48/2021/2022.
The fact regarding fire & loss is not disputed, but the Complainant has filed some original of bills having GST No. of the year 2018,2019 & 2020, whereas GST has been introduced from 2016-17 which does not create any doubt about the authenticity of the bill. However the surveyor has assessed the loss as Rs. 2,74,987/-. We allowed the entire amount to award as per the report of the surveyor, which amounts to Rs. 2,74,987/- is to be paid to the Complainant by the OpNo.1 within a period of 45 days from the date of receipt of this order failing which the Ops shall to be liable for execution proceeding under the C.P.Act, 2019. No order as to cost.
With the aforesaid observations the C.C.Case No. 19/2022 is allowed & accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 1st day of August,2023
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
