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G.D.SHARMA, RIFAT AIJAZ
A. R. Enterprises – Appellant
Versus
New India Assurance Company – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Tufail, Advocate.
For the Opp. Parties No. 1 and 2:Mr. M.A. Dar, Advocate.
For the Opp. Party No. 3: Sheikh Yasir, Law Officer.

ORDER

G.D. Sharma, President—The complainant in this case is a business concern known by the name and style of M/s A.R. Enterprises, College Road, Sopore and deals in the sale of pesticides and other allied items. The complainant had obtained loan limit up to Rs.19,00,000 from OP No. 3. The complaint has been filed through its proprietor namely, Abdul Rashid Janwari. It is alleged that the complainant had obtained insurance cover for the stocks in trade under insurance policy bearing No. 1135120081399 which became effective on 3.4.2005 and was valid up to 2.4.2006. During the currency of the insurance policy on 7.10.2005, an encounter took place between the security forces and the militants nearby the said business premises and in order to divert the attention of the security forces the militants took refuge in the second storey of the building. The insured stocks in trade in the form of pesticides, CGI sheet, reddi paper were lying in the ground floor and in two rooms in upper storey of that building. The security forces in defence had exchanged fire with the militants. The encounter ended when the whole building along with the insured stocks in trade were consumed in fire and mil
























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