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Judgment
WE have heard the learned Advocate for the appellant as also perused the order dated 24.7.1998 of the District Forum, Jalgaon, as also related record made available in the appeal paper book.
APPELLANT is the original complainant in the aforesaid complaint and being dissatisfied with the award of compensation etc. by the District Forum vide impugned order of this appeal, he has approached this Commission seeking enhancement in the compensation. We have heard the learned Advocate at length as also material available in the appeal paper book. We also perused certain documents made available by the learned Advocate for the appellant/complainant during the course of arguments such as copy of the report of the police of theft as also in the complaint before the District Forum. District Forum also perused the same and relying upon the sets of documents contemporious to the occurrence of the theft, held the claim of Rs. 1,00,000/- put up by the complainant for loss of ornaments, etc. was inflated. District Forum has awarded a sum of Rs. 26,000/- which was offered by the Insurance Company/respondent herein, which amount was calculated on the basis of the material, which as stated, was in a form of report made by the complainant to the police as also complaint and panchanama of the police. The complainant himself has stated the value of the stolen ornaments to the extent of Rs. 16,000/-. The said record also shows that jewellery/ornaments were kept in a small size jewellery box.
The District Forum took into consideration all these facts and has proceeded to award damages as mentioned above on the basis thereof.
IT is to be stated that claim for damages for that matter even against the Insurance Company has to be proved by cogent and creditworthy acceptable evidence and burden to do so lies upon the party claiming such compensation herein. The complainant as held by the District Forum has not proved the loss to that extent. In our view, the order impugned in this appeal is elaborate and just and fair needing no interference. Appeal stands dismissed. No order as to costs. Office shall furnish copies of the order herein to the respondent. Appeal dismissed.