Heard counsel for the parties. Counsel for the petitioner has submitted before us that the insurance company had not produced any report of the surveyor before the fora below and that the damages were assessed by the Police at Rs.2.65 lakhs and the same was estimated by the Fire Brigade at Rs.2.25 lakhs. However, the District Forum had awarded a sum of Rs.1,65,000/-, out of which Rs.45,900/- had already been paid and the balance of Rs.1,20,000/- was ordered to be paid with cost of Rs.2000/-. According to the learned counsel for the petitioner, the claim of the petitioner was for a sum of Rs.3,90,000/-. He has also pointed out that the appeals filed by both the parties were dismissed and order of the District Forum was maintained by the State Commission. He, therefore, contends that the fora below have not taken into consideration the report of the Police as also fire brigade in coming to the conclusion that the complainant was entitled to Rs.1,65,000/-. On the other hand, counsel for the respondent supports the orders passed by the fora below. The complainant had, in fact, filed insurance claim of Rs.3,90,000/-. The order of the State Commission shows that the damage as assessed by the owner of the premises was about Rs.2.25 lakhs which was noted in Fire Service Certificate, Annex.P3. In fact, the final report filed by the Police u/s 173 Cr.P.C., Annex.P2 shows that the total damage to the property was to the tune of Rs.1,65,000/-. The District Forum had also relied upon estimate of Private Electrical Works where damage was assessed as Rs.1,67,500/- (Ex.10). After taking into consideration the entire material on record, the State Commission and District Forum, in our opinion, have rightly awarded the sum of Rs.1,65,900/-, which in our opinion is just, fair and equitable and does not call for interference in the concurrent findings of two fora below as we do not find any jurisdictional error, illegality or material irregularity in the orders of the fora below. The revision is, accordingly, dismissed with no order as to costs. |