Bela M. Trivedi JUDGMENT
Bela M. Trivedi, J.
1. The aggrieved Appellant-Insurance Company has filed the present appeal Under Section 23 of the Consumer Protection Act, 1986 (hereinafter referred to as the said Act) challenging the judgment and order dated 07.01.2019 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the "National Commission") in Consumer Complaint No. 227 of 2012, whereby the Commission has allowed the complaint filed by the complainant (Respondent herein), and directed the Appellant to pay a sum of Rs. 202.216 lakhs to the complainant along with interest @ 9% per annum from six months from the date of lodgment of the claim till the date on which the said payment is made.
2. The Respondent-complainant, running a Resort at Village Shikarpur, P.S. Rajarhat, District 24- Paraganas, (South) of West Bengal had obtained two insurance policies from the Appellant-Insurance Company, one being Policy No. 100900/11/08/3300000420 for the period from 16th September, 2008 to 15th September, 2009 in respect of the buildings of the said Resort with plant and machineries accessories and furniture etc. and the other being Policy No. 100900/11/09/3100000270 for the period from 13th July, 2009 to 12th July, 2010 in respect of two hotel buildings at the said resort with stock.
3. As per the case of the Respondent-complainant on 23rd August, 2009 at about 5.00 p.m., a mob of about 200-250 persons entered the resort and damaged/destroyed the insured property resulting in loss to the complainant. The incident was reported to the police and the FIR being No. 144 of 2009 was registered on the written complaint given by one Santanu Bhattacharjya, General Manager of Vedic Village Resort, P.S. Rajarhat.
4. Another FIR being No. 143 of 2009 was registered at P.S. Rajarhat on 23rd August, 2009 for the offence Under Sections 302/34, 120B, 506, 212 Indian Penal Code and Section 25 and 27 of the Arms Act against one Gaffar Molla and his associates, at the instance of a written complaint given by one Monirul Sardar to the effect that when the said complainant and his brother were returning home, they saw a football match going on at Sekharpur Adarsha Sangha Ground. When the said football match was going on, suddenly one Gaffar Molla and his associates started firing and hurling bombs to postpone the match. As a result, thereof, the brother of the complainant, namely, Alam @ Amirul Sardar received gunshot injury on his person causing his instant death. Several other spectators also received injuries due to bomb explosion.
5. During the course of investigation, it was revealed that the Accused-Gaffar Molla and his associates after the firing and throwing bombs at the football match venue, and upon being chased by the crowd, took shelter in Vedic Resorts and Hotels Pvt. Ltd. of the Respondent-complaina........