Mr. Rohit Sharma started his shop in the name of M/S Vidhya Niketan in the year
2008 and gradually to increase the business, a loan was sanctioned by the Harit Pradesh Bank
in the name of M/S Vidhya Niketan in the year 2011 for a sum of Rs. 60, 000/- which was
increased to 2, 00, 000/- in the year 2012 and further it was increased to Rs. 3, 00, 000/- in
2015 for the purposes of Stationery and Mobile Shop. The bank being the intermediary has
opted for this insurance from Sompo Insurance Company Ltd. for the above sanctioned loan
which has been regularly renewed by the bank itself and intimated to M/S Vidhya Niketan.
That unfortunately a fire broke into the shop on dated 10.07.2015 at about 00:10 hrs.
and immediately thereafter an FIR was lodged and other necessary information were
communicated to the concerned authority by Sri. Rohit Sharma. Thereafter a Fire Claim was
claimed by Mr. Sharma under shop keeper Policy of Rs.4, 60,000/- for burnt and damaged
stocks of stationary items, mobile and accessories and other assets damaged in the fire. The
Insurance Company informed Mr. Sharma that only salable items of stationary items are
found coverage as per policy and as such after calculation a sum of Rs. 1, 70, 000/- has been
considered by the Insurance Company.
Wandering for justice, Mr. Sharma reported the matter to the bank that there has been
an error in the Policy which the bank did not take care but all went into futile. Finally with no
remedies available Mr. Sharma filed a Writ Petition before the High Court of Judicature at
Harit Pradesh wherein the Hon’ble Court had been pleased to admit the case, issued notices
to the bank as well as to the insurance company and listed the matter for final hearing on
1. Whether there has been an infringement of fundamental rights of Mr. Sharma as
enshrined in the Constitution of Harit Pradesh?
2. Whether Mr. Sharma has been put to mental torture and distress by the bank
and the insurance company and is liable to get compensation?
3. Whether the bank and the insurance company can be jointly held liable for
payment of entire claim amount by M/S Vidhya Niketan?
1. The Rules for the High Court of Judicature at Harit Pradesh will adopt the