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2016 Supreme(J&K) 172

N.PAUL VASANTHAKUMAR, BANSI LAL BHAT
Oriental Insurance Company Limited – Appellant
Versus
Balji Raina (dead) Through LRs. – Respondent


Advocates:
For the Appellant :Mr. Tarun Sharma, Advocate.
For the Respondent:Mr. P. N. Raina, Sr. Advocate with Mr. J. A. Hamal, Advocate.

JUDGMENT

N. Paul Vasanthakumar; CJ.--

1. This appeal is filed against the order passed by the J&K State Consumer Disputes Redressal Commission, Jammu, dated 12.02.2008, whereby the Commission has granted a sum of Rs. 6,32,292/- along with interest at the rate of 9% per annum from 08.05.1996 till final payment is made with costs of Rs. 8000/- to the respondent.

2. The appellant-Company has challenged the said order by contending that the J&K State Consumer Disputes Redressal Commission (for short “the State Commission”) has erred in rejecting the contention of the appellant that no claim regarding the alleged fire loss to the insured was lodged or filed by the deceased complainant, namely the father of the respondents. The Commission further presumed that the Surveyor was appointed by the appellant when the same was disputed. It is also one of the grounds urged that the letter said to be written by one K. L. Joshi the then Divisional Manager, Divisional Office Srinagar to the deceased, namely, the father of the respondents, settling the claim in favour of the respondents for Rs. 6,32,292/- was also disputed.

3. It is an admitted fact that the father of the respondents insured his reside






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