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2010 Supreme(J&K) 208

MOHAMMAD YAQOOB MIR
Oriental Insurance Co. Ltd. – Appellant
Versus
Ab. Rashid Wani – Respondent


Advocates Appeared:
Advocate For Appellant: J.A. Kawoosa
Advocate For Respondent: None

1. Three storeyed residential house of the respondent No.1 was insured with the petitioner insurance company vide insurance policy No.23423/48/95/00287 for the period 5.9,1994 to 4.9.1995. During the intervening night of 17th/18th April, 1995, damage was caused to the insured property by some unknown persons who had forcibly entered into the said house and ransacked the whole building. In connection thereof case had been registered as crime No.67/95 for commission of offences punishable under Section 457 RPC and 3/25 Arms Act on 19.4.1995. At the same time petitioner insurance company was informed and the claim was registered as claim No. 23420/48/96/00019 by the petitioner company. Mr. M.Q. Indrabi was deputed by the Company for conducting the survey. When the claim remained to be settled, the respondent No.1 lodged complaint before the Divisional Consumers Protection Forum, Srinagar. The said complaint has been decided on 26.11.2001 whereunder respondent No.1 was held entitled to the amount of Rs.1,14,300/- along with 9% interest per annum with effect from 18.10.1995 i.e. six months after the occurrence till the liquidation of the amount.

2. Appeal against the said order of the Di









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