The court upheld the entitlement to compensation for fire damage based on the evidence presented, including the Panchanama and the complainant's bank account and stock statements.

ORDER

D.N. Admane, Presiding Judicial Member (Oral)- This appeal directed against the decision in complaint case No. 75/2006 decided on 23.3.2007 by District Forum, Hingoli. By this order, complaint which was filed by respondent was partly allowed and opposite party/appellant was directed to pay compensation of Rs. 1,35,000 within 30 days with interest @ 9% p.a. from 18.10.2006 and Rs. 2,000 as cost.

2. Being aggrieved by this judgment and order, opposite party Insurance Company has preferred this appeal.

3. Briefly stated the facts as contended by complainant in the Forum are that, complainant is resident of Chafnath and is having his proprietary shop style Shrinath Electrical at Kalamnuri. He had obtained policy No. 160902/48/04/01094 from the opposite party for the shop and goods therein for the period from 21.12.2004 to 20.12.2005. At about 11.00 p.m. on 25.2.2005 there was fire to the shop because of short-circuit and therein goods and furniture in the shop were burnt causing loss to the tune of Rs. 1,45,000, immediately after that accident the incident was informed to the police and Tahsildar, Kalamnuri and thereon Panchanama was conducted by Police and Revenue Authority, Kalamnuri estimating the loss to the tune of Rs. 1,45,000. Opposite party was also informed about this incident on the same date i.e. 26.2.2005 and there upon the documents were sought by opposite party from complainant and it were given. On repeated request the claim was not sanctioned and therefore complainant sent notice dated 18.9.2006 to the opponent asking compensation to pay Rs. 1,45,000. Opposite party however denied the claim and issued discharge voucher only for Rs. 26,500 out it was denied by the complainant and then filed this complaint.

4. Opposite party by it written version resisted the claim. According to it the damage is only to the extent of Rs. 26,500 as estimated by surveyor appointed by opposite party and claim therefore be dismissed.

5. On considering the material on record and hearing the Counsel for both sides the Forum partly allowed the complaint as per the impugned order.

6. Heard Advocate Mr. V.N. Upadhye for appellant and Advocate Mr. S.R. Bagal for respondent. Perused the copy of impugned judgment and order passed by the Forum and copies of documents filed on record.

7. It be noted that it is not disputed that shop and goods in the electrical shop of the complainant were insured with opponent and fire to the shop on 26.2.2005 was during the currency period of the policy. It is also not disputed that in that fire goods and some furniture in the shop were burnt causing loss to the complainant. Complainant therefore is entitled for compensation. As per copy of Panchanama dated 26.2.2005 conducted by Police and Revenue Authority, it is apparent that fire to the shop was because of short-circuit. Complainant also filed affidavits of Panchas and Circle Inspector to prove contents in Panchanama. Both the Panchamas clearly reveal that loss caused in the fire is of about Rs. 1,45,000 to 1,50,000. Though the opposite party relied upon report by valuer Shri Manohar Totla and affidavit of Totla, but the report reveals that the inspection of spot made by valuer is on 26.2.2005 and the report was submitted on 6.l.2006 i.e. after about more than 10 months. There is no cogent reason for such delayed report. Documents on record clearly reveals that complainant was having account in the State Bank of Hyderabad, Kalamnuri wherein cash credit of Rs. 2 lakh was provided for running and complainant has submited periodical stock statement to the bank. Copies of the trade account of the relevant period with the bank stock statement were submitted in the Forum. Learned Forum has considered all these evidence on record and has rightly come to the conclusion that complainant is entitled for compensation of Rs. 1,35,000 and cost of Rs. 2,000. There is nothing on record to interfere into well reasoned and detailed order passed by the Forum. Consequently, appe