Naxal attack? Insurer liable

8220;It is not disputed that a police case,though after some delay,was made and an FIR was registered at the police station concerned and the crime was investigated and a final report filed in the criminal court of competent jurisdiction as the police was unable to arrest the culprits.

8220;In the said report,the police did not express any doubt about the happening of the actual incident. The insurance company did not file any protest petition against the acceptance of the final report and this itself afforded sufficient proof that such an incident must have taken place,8221; it said.

The Commission,comprising Members R C Jain and Anupam Dasgupta,passed the order on a petition of the firm,NVC group farms,and others seeking a direction to the insurance company to pay the claim money along with the compensation of Rs 18.15 lakh.

It said the company is not entitled to reject the claim on the ground that people there did not report the incident.

8220;Merely because the people did not come forward to support the incident cannot belie the factum of the incident,8221; the Commission said.

The insurance company had said that there was undue delay on the part of the complainants in reporting the matter to the police.

8220;It was averred that while leaving the farms8230;,the militants had extended threats of dire consequence to the manager and other staff members. In such a situation,it appears to be in consonance with natural human conduct that they would wait for the arrival of the owners and directors rather than lodging a report with the police immediately,8221; the Commission said.

NVC group farms suffered losses when a group of militants attacked it in 1995. Its insurance claim was repudiated following which it had registered a complaint with the Andhra Pradesh State Consumer Commission.

The State Commission had dismissed the complaint on the ground that the complainants failed to establish the incident of Naxalites raid at their farms.