Delhi Ombudsman Centre
Case No. GI/331/NIC/08
Shri Mahesh Bindal
Vs
National Insurance Company Limited
1. The policy holder’s residential house caught fire on 03.10.2006. The policy holder submitted a claim of Rs.5,15,090/-towards loss of household articles and jewellery in the fire. The Insurance Company after obtaining a survey and assessment report from surveyors V.K.Kharbanda and Associates has restricted the claim to Rs.2,23,000/-. The Insurance Company in the process has disallowed the claim with reference to jewellery valued at Rs.55000/-. They have also deducted depreciation from specific items as detailed in Annexure-I of the survey report.
2. Before me it was submitted by Shri Iqbal Singh, representative of the Insurance Company that no gold jewellery in damaged form or in melted form was retrieved. As such he questions the very possession of jewellery with the policy holder.
3. The policyholder who was present suggested that the fire was of very severe magnitude as is reflected in the photographs taken by the surveyor. The gold might have completely melted away. Even otherwise, since he could not recover anything in the form of gold from the rubbles after the house was completely gutted in fire, it was a loss to him and, therefore, either way he was entitled for the claim from the Insurance Company.
4. I have considered the submissions made by both sides. Policy holder’s claim is that gold jewellery was either completely melted away or lost in the rubbles. Therefore, in any case, it is given away to fire. May I say,
Considering that the amount claimed is only Rs.55000/- which would be referable to a small quantity of gold jewellery, maybe 8 to 10 tollas, it is probable that the family had this much of gold. It is not an enormous or unbelievable quantum. In any Indian middle class family, this much gold jewellery is accepted since women in India are fond of at least two things in life – gold and sari. Therefore, going by preponderance of probability, I am of the view that the complainant’s claim should be allowed.
5. Coming to the claim of depreciation on various items of household articles like furniture, computer, TV, microwave oven etc., I find in Annexure I, the surveyor has indeed deducted a very reasonable percentage of cost towards depreciation for each item considering the years of purchase. The rate varies from 10% to 35%. I find this to be reasonable and therefore, I decline to interfere with regard to the same.
6. In the result, the Insurance Company is directed to pay the further amount of Rs.55000/- to the policy holder towards loss of jewellery. The compliance of the Award shall be intimated to my office for information and record by 30.06.2009.
7. Copies of the Award to both the parties.
