The main legal point established in the judgment is that the burden of proof lies with the complainant to substantiate the claim for compensation, and the court will rely on reliable evidence to determine the validity of the claim.

ORDER

Mr. Justice R.S. Sharma, President - The complainant filed this consumer complaint under Section 17 of the Consumer Protection Act, 1986 against the O.P. seeking direction to the O.P. to pay insured amount Rs. 92,25,000, interest Rs. 4,60,750, Rs. 1,18,000 paid as rent, compensation for mental agony Rs. 1,00,000, cost of litigation Rs. 5,000 and Advocate fees Rs. 20,000, total Rs. 99,18,750.

2. Brief facts of the complaint are that : the complainant is proprietor of firm K. G. Digital Plate situated at Lakhe Nagar, Raipur and he installed a pre-press unit at Lakhe Nagar, Raipur in the month of November, 2009. In the Pre-Press Unit, articles i.e. Plate Exposing Machine, Processor, 4 P.C., Scanner, 2 U.P.S., 30 batteries, etc. were kept. The complainant purchased the above goods from Germany and Denmark. The machine which is used for directly exposing to conventional plate from the computer is only manufactured by Punch Graphics Company of the Germany. The complainant and Smt. Anita Gupta are partners of the firm Jai Badri Vishal Graphics. The O.P. is a Government of India Undertaking Company and is General Insurance Company and is providing insurance services. The complainant obtained insurance policy from the O.P. for the articles U.V. Setter Processor, Two Computers, Scanner, Office Furniture, Electrical Fitting, Domestic Articles. The firm Jai Badri Vishal Graphics provided U.V. Setter Processor, 2 U.P.S., 2 P.C., 30 Batteries, Sale Cum Debit Note to the employees of Monotech Systems Limited Company at Raipur on 14.5.2010. The Monotech Systems Limited had not paid the price of above items to the firm Jai Jadri Vishal Graphics till date. Monotech Systems Limited was required to take U.V. Setter Processor to Nagpur but the employees of Monotech Systems Limited could not book for transportation of the said item. The employees of Monotech Systems Limited entrusted the responsibility to transport it from Raipur to Nagpur to the complainant and for this purpose on 17.5.2010, the U.V. Setter Processor was handed over to the complainant. The complainant booked the U.V. Setter Processor, two computers, scanner, office furniture, electrical fitting and domestic articles for transportation to Nagpur through Raipur Delhi Roadways on 17.5.2010 vide Bilty No. 2291 in which the complainant is consignor and consignee both. The booked articles were loaded in truck bearing registration No. M.P.07-G-2682 and said articles were insured with the O.P. The complainant deposited a sum of Rs. 17,572 towards insurance premium with the O.P. and the O.P. issued Special Voyage Policy No. 285100/21/10/45000000006. The insured value of the articles was Rs. 92,35,000. The Lakhe Nagar, Raipur (C.G.) was no entry area for the heavy vehicles, therefore, truck bearing No. M.P.07-G-2682 was not loaded in morning and the said truck was loaded in intervening night of 17-18.5.2010 till 1.30 a.m. (midnight), but the scooter was not loaded in the truck due to shortage of space in the truck. On 18.5.2010 at about 8,00 hrs., the complainant received information from the truck owner that the truck met with an accident and fell down and it caught fire. The accident was occurred between Durg and Rajnandgaon. The matter was reported to Police Out Post, Anjora, Police Station Phulgaon, District Durg (C.G.). where First Information Report 265 was recorded. The complainant also made written complaint to the Police Out Post, Anjora, Police Station Phulgaon, District Durg (C.G.) on 20.5.2010 (Annexure C-5) and also submitted claim form before the O.P. (Annexure C-6). O.P. appointed Shri Hitesh Chitalia, as Preliminary Surveyor and he conducted Preliminary Survey on 21.5.2010 and the complainant co-operated with Shri Hitesh Chitalia in conducting Spot Survey. The complainant took the scrap of burnt machines and articles to his office situated at Lakhe Nagar, Raipur on 22.5.2010. The complainant sent intimation to the O.P. on 24.5.2010 vide Annexure C-7. When the complainant