National Insurance Co. Ltd vs M/S Lisa Exclusive Shop & Ors
2021 Latest Caselaw 881 j&K/2

                                                            Sr. No. 205
                                                            Advance List
                         IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                            AT SRINAGAR


                         CJ Court
                                        OWP no. 843/2009, IA 1/2009

                         National Insurance Co. Ltd.                      ...Petitioner(s)
                       Through: Mr. J. A. Kawoosa, Sr. Advocate
                                                          Vs.
                       M/s Lisa Exclusive Shop & ors.                   ...Respondent(s)
                       Through: None.


                         Coram:HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR JUSTICE SANJAY DHAR

                                                     ORDER

10.08.2021

1. Heard learned Senior counsel appearing for the petitioner.

2. The writ petition has been preferred so as to challenge

the judgment and order dated 04.12.2006 passed by the

Divisional Consumer Protection Forum, Srinagar, and the

appellate order dated 04.08.2009 passed by the J&K State

Consumer Disputes Redressal Commission.

3. The submission of learned counsel for the petitioner-

Insurance Company is that the evidence on record amply

proves that no burglary had taken place in the shop in

question and, therefore, the authorities below manifestly erred

in law in awarding Rs. 96,112/-.

YASMEEN RASHID 2021.08.11 09:59 I attest to the accuracy and integrity of this document

4. The authorities below concurrently on consideration of

the evidence on record have recorded categorical finding that it

is a case of burglary and the Surveyor has assessed the loss to

the tune of Rs. 96,112/-.

5. We in exercise of writ jurisdiction are not sitting in appeal

so as to re-appreciate the evidence on record and to arrive at a

different conclusion particularly when the findings are not

shown to be perverse.

6. In the overall facts and circumstances of the case, we do

not find that the concurrent findings recorded by the

authorities below suffer from any of the vices which may

require us to exercise our writ jurisdiction.

7. In view of the above facts and circumstances, we find no

merit in the writ petition and the same is dismissed.

8. Record be sent back.

                                          (SANJAY DHAR)           (PANKAJ MITHAL)
                                                JUDGE              SCHIEF JUSTICE
           SRINAGAR
           10.08.2021
           Yasmeen, PS





YASMEEN RASHID
2021.08.11 09:59
I attest to the accuracy and
integrity of this document