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2009 DIGILAW 266 (JK)

Ab. Rashid Khan v. New India Assurance Co. Ltd.

2009-05-26

G.D.Sharma, Rifat Aijaz

body2009
G.D. Sharma, J. (Oral) 1. This complaint was filed herein on 12-07-1999 and the proceeding of the case undoubtedly establishes the fact that parties are avoiding the decision of the case on its merits. This finding is fortified from the fact that last appearance of Mr. M.A. Dar, advocate was recorded on 23-09-2008. 2. The complainant has alleged that he obtained Fire Insurance Policy no. 1135120146433 and got his two storyed residential building (of `A' class construction) with attic insured for a sum of Rs. 10.00 lakhs. It also covered terrorist acts. The policy became effective on 08-06-98 and had to expire on 07-06-99. The building and attic had a cover risk of Rs. 9,00,000/- (Rupees nine lakhs), whereas, the household articles had a cover risk of Rs. 1.00 lakh. It is alleged that on 06-07-98, there was a cross-firing of weapons between the militants and the security forces nearby the insured building and as a consequence thereof a devastating fire broke out which burnt the insured building and the insured household articles. Beside this, some adjoining buildings were also burnt. According to him, he suffered a total loss in the sum of Rs. 13,02,308/-. The incident was reported in the police and FIR no. 154/98 was registered. The claim was registered with the OP and Mr. Hilal Ahmad Raja was deputed by the OP to survey the loss. All possible cooperation was rendered to him, but no settlement of the claim was made which forced the complainant to file the complaint. The reliefs claimed are indemnification in the sum of Rs. 10.00 lakhs for the loss suffered alongwith interest @ 18% per annum and a compensation of Rs. 2.00 lakhs for mental agony. 3. In the written version, the OP has taken the preliminary objection regarding the maintainability of the complaint on the plea that claim is false and fabricated which fact was established after the investigation made by Mr. Bilal Ahmad Raja who was appointed as preliminary surveyor. He has found that the insurance agent namely, Bashir Ahmad Wani S/o Ghulam Mohiuddin Wani R/o Shilwat Sonawari was a privy in the fabrication of false record because his "Insurance Agency" bearing no. 21436/028 had been suspended on the basis of complaints and he had got issued the issuance policy in question against the name of genuine insured person. He has found that the insurance agent namely, Bashir Ahmad Wani S/o Ghulam Mohiuddin Wani R/o Shilwat Sonawari was a privy in the fabrication of false record because his "Insurance Agency" bearing no. 21436/028 had been suspended on the basis of complaints and he had got issued the issuance policy in question against the name of genuine insured person. It is further pleaded that Photostat copy of the insurance policy which has been attached as Annexure-A with the complaint is not supported by the original copy of the policy because its whole record including premium receipt no. 840832 dated 08-06-98 is missing from the "binder" (Register) maintained in the officer of OP. After further enquiry it was found that the insurance policy which was being made the basis of the claim by the complainant had been issued in the name of Mr. Abdul Rashid Malik R/o Sonawari Kashmir against premium receipt no. 840832 for an amount of Rs. 400/-. The complainant was called to explain his conduct in the office of the OP and on his failure to enter appearance, the policy was cancelled. With the written version the OP has placed on record a Photostat copy of receipt no. 840832 dated 08-06-98 issued in the name of Mr. Abdul Rashid Malik R/o Sonawari Kashmir. Also a copy of the registered letter dated 22-07-98 had been placed on record which shows that his agency as an agent had been suspended. 4. The complainant himself has appeared as a witness in support of his complaint and examined Shabir Ahmad Mir and Haji Ghulam Mohammad Nadroo as his witnesses. The OPs have examined Irshad Ahmad Bhat Legal Assistant, Bashir Ahmad ex-insurance agent and Abdul Rashid Malik as their witnesses. Mr. Irshad Ahmad Bhat has stated that as per the record, the premium in the amount of Rs. 400/- had been received from Abdul Rashid Malik R/o Sonawari and no premium had been received from the complainant. He has also stated that the insurance agent who is stated to have been involved in the issuance of the insurance policy in question has lost his licence which was terminated in the month of September 1998 on account of irregularities committed by him. He is categorical in stating that the insurance policy which is being made as a basis for the claim is fake and a fraudulent document. He is categorical in stating that the insurance policy which is being made as a basis for the claim is fake and a fraudulent document. Bashir Ahmad, insurance agent whose presence was secured by the Commission has stated that he has procured the original receipt of the policy dated 08-06-98 bearing no. 840832 from the insured Abdul Rashid Malik and is categorical in stating that he never insured any property of the complainant. He admits his signatures on the insurance receipt marked `A' bearing no. 840832 as well as another receipt marked `B' bearing no. 125524 dated 30-12-96 (This receipt relates to previous policy). Abdul Rashid Malik S/o Ghulam Ahmad Malik R/o Shilwat Sonawari who was the genuine insured person of the policy in question was forced by the Commission to appear as a witness and he is categorical in stating that insurance policy issued against premium receipt no. 840832 dated 08-06-98 and previous insurance policy issued against receipt no. 125524 dated 30-12-96 were issued in his name by the OP against the premium receipts produced on the record as annexure A and B. He could not trace the original insurance policy. 5. In the backdrop of the above stated facts, it is thus established that the complaint has been filed by Abdul Rashid Khan S/o Ghulam Mohd. Khan, R/o Lankrishipora, Bandipora, Distt. Baramulla, Kashmir on the basis of a fraudulent insurance policy with the sole object of defrauding the OP in whose custody the money of the genuine depositors is lying as a trustee. Though there is paucity of evidence at this stage to hold that insurance agent Bashir Ahmad Wani had connived with him for the issuance of the policy in question, yet it is established from the evidence that said Bashir Ahmad Wani has lost his agency as an agent because of complaints and many misdeeds. His point blank refusal that he does not know the complainant does not give him a clean chit for being an innocent agent of the OP because a black sheep like him could only be a link for being the villain of the piece to dupe the complainant for sharing the booty of the alleged fraud. That conspirator should have free access in the office of the OP and without the active connivance of some dealing hands the original record could not be destroyed from the "binder register". That conspirator should have free access in the office of the OP and without the active connivance of some dealing hands the original record could not be destroyed from the "binder register". The portraits of the Commission were chosen by such miscreants as a money minting counter which attempt stands thwarted. Considerable public time has been waisted for conducting the proceedings in the complaint which commenced from 12-07-99 and remained alive till date. The stream of administration of justice has to remain unpolluted so that purity of courts' atmosphere may give vitality to all the organs of the state. Polluters of judicial firmament are, therefore, required to be well taken care of to maintain the sublimity of court's environment so as to establish it to administer justice fairly and to the satisfaction of all the concerned. Anyone who takes recourse to fraud, deflects the course of judicial proceedings, or if anything is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be properly dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice. To enable courts to ward off unjustified interference in their working, those who indulge in acts like forgery, perjury and motivated falsehoods have to be properly dealt with. The complainant of this case has been found to have indulged in such activities while in league with other like minded person/persons who required to be identified and that can only be done after the completion of investigation. In the result, we find the complaint as false and vexatious which is dismissed with cost of Rs. 10,000/- (Rupees Ten thousand) to be paid by the complainant within one month from the date of order. After its realization the amount be deposited in the "Lawyers Welfare" Fund of Kashmir Bar Association, the Inspector General of Police (Crime and Railways), J&K State is directed to register the case on the basis of this order and start the investigation which should be completed as soon as possible, and a copy of the final report be submitted in the Commission for placing on the record of the case. The investigating officer can have the access to take the certified copies of all the relevant record after taking permission from the Registrar of the Commission under rules. The complaint be consigned to records.