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Judgment
THE complainant has insured stock and goods in his house and shop which is just like a godown. This householder''s insurance covers risk of articles stored therein vide two policies - one for Rs. 35,000/- and another for Rs. 1,10,000/-. It appears that after the demolition of Babri Masjid, there were riots in the city of Ahmedabad and on account of riots the house and shop of the complainant were pulled down and set on fire with the result that the complainant has suffered heavy damages. THE complainant has claimed Rs. 5,50,000/- in all as stated in para 5 of the complaint.
MR. B.B. Shah, the learned Advocate appearing on behalf of the Insurance Company states that the total amount of both the policies being Rs. 1,45,000/-, the complainant is not entitled to claim even a pie more than the policy amount even though he might have suffered higher losses. The Insurance Company has taken a plea that the goods having been shifted, the Insurance Company was not liable but it is clear from the poljce report that goods have been brought out from the shop and house..and set on fire and, therefore, according to our opinion, the Insurance Company is liable to make the payment. The learned Advocate for the complainant admits the position and states that since the insurance amount is Rs. 1,45,000/-, though he has suffered very high losses, he cannot claim more than Rs. 1,45,000/- and he is prepared to accept the policy amount with interest and cost, MR. B.B. Shah, the learned Advocate for the opponent could not resist the claim of the complainant. MR. Shah, in view of the investigation report dated 1.5.93 made by the company''s officer could not add anything to their defence. A survey report produced by the Insurance Company itself shows that the total loss exceeds Rs. 2 lakhs. Since the complainant is prepared to accept the policy amount, we do not think it necessary to enter into the minor details of the evidence. We are, therefore, of the opinion that the complainant is entitled atleast to the policy amount of Rs. 1,45,000/- with interest and cost. Considering the facts and circumstances, we award interest@ 15% p.a. and cost of Rs. 1,000/-. The complainant will be entitled to interest after three months from the date of the loss sustained by him i.e. from 9.4.93 till the payment is made. The investigation report and rejoinder may be taken on record. Since MR. Shah has taken a very constructive approach we had awarded 15% interest of 18%. ORDER The Insurance Company shall pay to the complainant Rs. 1,45,000/- with running interest of 15% p.a. from 9.4.93 till the payment is made and cost of this complaint which is quantified at Rs. 1,000/-. Complaint allowed. _______________