JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

          The complainant, which is running a resort at Village Shikharkpur, P.S. Rajarhat, District 24 Paraganas (South) of West Bengal and obtained two insurance policies from the OP; one being policy no. 100900/11/08/3300000420 for the period from 16.09.2008 to 15.09.2009 in respect of the buildings of the said resort with plant/machinery, accessories and furniture etc. and the other being policy no.100900/11/09/3100000270 for the period from 13.07.2009 to 12.07.2010 in respect of two hotel buildings at the aforesaid resort with stock.  At about 5 pm, on 23.08.2009, a mob of about 200-250 persons entered the resort and damaged/destroyed the insured property resulting in loss to the complainant.  The mob was controlled by the police which was called to the resort and the fire was extinguished by the fire department.  The incident was reported to the police and was registered vide FIR No.144 of 2009. 

2.      On being informed of the incident, the OP appointed one Mr. K.B. Kuri, for assessment of the loss.  A claim of Rs.4.6772 Crores was lodged by the complainant with the insurer.  The surveyor vide his report dated 16.06.2011, assessed the loss at Rs.202.216 lacs.  The claim however, was not paid by the insurer, which, vide its letter dated 02.05.2011, informed the complainant inter-alia as under:

   “ (a)     In the final survey report it has been recorded that on 23^rd August 2009 at about 5 p.m. a mob gate-crashed into Vedic Village and damaged the properties of the assured and set fire on parts of the said resort.

1. On 23.8.2009 at about 16.30 hrs a football match was going on at Sekharpur Adarsha Sangha ground and on account of some dispute one Gaffar Molla, an accused in the said Charge-sheet and his associates present at the ground started firing and hurling bombs, which resulted in death of one Amirul Sardar due to bullet injury and several other persons also sustained injury. A frenzied mob chased the said Gaffar Molla and his associates and then the said Gaffar Molla took shelter in Vedic Village Resort and the frenzied mob damaged various properties of the said resort and set a portion of the resort on fire.

2. In course of investigation the Police conducted a search of Vedic Village on 24^th August 2009 and pursuant to the said search the following articles were recovered from the housing material cum electrical store room situated within the compound of the Vedic Village:-

3. One single shot pipe-gun

4. One SBBL shape short iron made pipe-gun measuring about 43 inches in length

5. One country-made single-shot SBBL shape pipe-gun measuring about 38 inches in length

6. One country-made single-shot SBBL shape pipe-gun measuring about 37 inches in length

7. One country-made single-shot pipe-gun measuring about 9 inches in length

8. One country-made single-shot pipe-gun measuring about 9.5 inches in length

9. 22 pieces live bombs in a gunny bag

10. Approximately 5 kgs of explosive substances including sutali and explosive powder

11. Subsequently, on 29^th August 2009, pursuant to the confessional statement of one accused namely Mahiuddin Molla raid was conducted at Vedic Village and from a room on the eastern side of the generator-meter room of Vedic Village four country-made single shot pipe-guns were recovered by the Police.

12. From search conducted at the residence of accused Gaffar Molla