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2002 Supreme(J&K) 123

T.S.DOABIA, S.K.GUPTA
National Insurance Co. Ltd. – Appellant
Versus
Ashok Kumar Bararoo – Respondent


Advocates Appeared:
Advocate For Appellant: C.M. Koul
Advocate For Respondent: D.S. Thakur

1. Would an insurance cover under the head fire policy cover a loss caused on account of militant related violence when in the risks which are supposed to be covered. It is mentioned as riot, strike and malicious damage as per riot, strike and malicious damage clause printed hereof. According to the respondent complainant, when a fire policy is obtained containing the aforementioned clause and when loss of house-hold goods takes place on account of militant related violence, then notwithstanding the fact that loss is not, caused on account of fire, even, the Insurance Company is liable to compensate. Such is the view expressed by the State Commission also.

The respondent complainant had insured his house-hold goods to the tune of Rs. 45.000. These were lying in a house situated at Channapora, Srinagar. The insurance cover was valid for a period w.e.f. 2nd March 91 to 1st March 92. As per the complainant, on account of militancy in the valley, he had to migrate to Jammu. During his absence on 15th Sept. 91, the house of the complainant was ransacked by the militants. The goods of the value of Rs. 45000/- were removed. A report was lodged with the Police Station. A case under section



































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