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G.D.SHARMA, RIFAT AIJAZ
NATIONAL INSURANCE CO. – Appellant
Versus
AB. QADEER NAIK – Respondent


Advocates Appeared:
M.A. Lone, Advocate, for the Appellant; M.A. Dar, Advocate, for the Respondent

ORDER

G.D. Sharma, J. - Through the medium of this revision petition order dated 13-05-2005 passed by the learned Divisional Forum, Srinagar (hereinafter to be referred as 'Forum') has been challenged. The brief facts of the case are that the respondent filed the complaint in the Forum on 19-11-2001 with the allegations that during the currency of the insurance policy his insured house situated in village Aharbal was gutted in fire on 30-04-98. The indemnification in the sum of Rs. 3.00 lakhs and compensation for an amount of Rs. 1.50 lakhs was claimed. The claim was resisted by the petitioner mainly on the plea that the respondent had not intimated the petitioner about the loss and it was also denied that he had prayed for the appointment of any surveyor. In support of the complaint, complainant's son namely, Mr. A.H. Naik, advocate has appeared as a witness and stated that when he received information about the burning of his father's house he alongwith his agent visited the spot and found windows, door etc. missing. Fixtures were also removed and incident was reported in the police on 02-05-98. Mr. Qazi Ali Mohd., clerk of the witness A.H. Naik has also supported this version. On

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