United India Insurance Company Limited vs JIYA LAL JAIN

MR. V.P. Sharma, learned Counsel for the appellant, United India Insurance Company Limited has been heard. MR. Rajesh Chadha assisted by MR. Isar Husain has appeared to oppose the appeal on behalf of the complainant Sri Jiya Lal Jain. Sri Jain''s Complaint Case No. 290/1992 claiming damages for the loss of ornaments in road robbery stands decreed only to the extent of Rs. 30,000/- with Rs. 5,000/- compensation.

THE District Forum has proceeded to place implicit reliance on the statement of Sri Jain. It may be pointed out that it is not disputed that Sri Jain is a practising lawyer of more than 50 years standing in District Muzaffarnagar. It is said that Sri Jain had taken out ornaments from the locker of his bank and while going home on a rickshaw some miscreants robbed him near Mahabir Chowk. He lodged a F.I.R. and the police has filed a final report. It has been found by the District Forum that in the instant case the action of the police may not be of so much value and importance as may be the statement of the complainant himself. There is no error in that approach.

While Mr. V.P. Sharma then argued that since Rs. 28,137/- was the value asessed by the Surveyor, the decree for Rs. 30,000/- is without any basis. He further contended that repudiation by the appellant, compnay, was made on the basis of the police action and also based upon the Surveyor who had recommended ''No claim'' for the instant grievance raised by the complainant.

MR. Rajesh Chadha on the other hand said that the District Forum has erred in reducing the amount of decree to Rs. 30,000/- when the claim was for Rs. 40,000/-. He said that the District Forum has erred because once it believes the complainant, it must also believe his estimate about the damage for the loss of the ornaments. On giving anxious consideration, it may be pointed out that value of used ornaments is also always an individual assessment. One may like to put a few more thousands as the value of the ornaments while another may not put that amount as the value. Consequently, the independent assessment made by the Surveyor which found that Rs. 28,138/- was the actual value of the lost ornaments, though he doubted the actual theft and loss, may be a safe basis for passing a decree. Since the repudiation had also been made on a justifiable basis the appellant-Company need not be put to pay damages of Rs. 5,000/- as awarded by the District Forum. In view of the aforesaid discussion, the appeal is disposed of with the following directions : The decree of the District Forum is modified to the extent that an mount of Rs. 28,138/- shall be paid by the appellant to the complainant within two months from today. The amount of Rs. 15,000/- already deposited as per the interim order passed on 9.12.1993 shall be adjustable towards the aforesaid payment. It goes without saying that if Rs. 15,000/- has not been paid the said amount shall have to be also paid i.e. a total sum of Rs. 28,138/- shall have to be paid within two months from today to the complainant. Similarly no amount of damages is payable to the complainant and the direction to pay Rs. 5,000/- towards that end is set aside. The aforesaid amount will draw 9% interest from the date of the decree of the District Forum and this order is being made after hearing the learned Counsel''s contention in detail. Parties will bear costs throughout. Let copy of this order be made available to the parties as per rules. Appeal disposed of.