YASHOWANTA NARAYAN DIXIT Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The appellant presented a claim to the respondent- Insurance Company on account of the loss of stock in trade comprising of raw materials including Mustard Oil Seed, Mustard Oil in tanks and its by-products, which were damaged during the super cyclone which hit the appellant s business premises on 29/10/1999. The claim was not honoured and as a result, CD Case No.197/2003 was filed before the State Consumer Disputes Redressal Commission, Orissa, Cuttack (State Commission) making a claim of Rs.69,06,685.00.

(3.) The claim was adjudicated and damages were calculated at Rs.12,63,355.00 as per purchase bills by the appellant. Owing to the financial necessity of the appellant, Rs.3,00,000.00 (Rupees three lakhs) were directed to be paid to him by the respondent-Insurance Corporation by way of an interim order. Taking into consideration the report of the surveyor and in the totality of the facts and circumstances, a lumpsum amount of Rs.16,00,000.00 (Rupees sixteen lakhs) was awarded. We may notice that the claim arises from an incident of 1999 and the orders were passed only in the year 2007, after eight years, as aforesaid, with cost of Rs.5,000.00 (Rupees five thousand). In this period of eight years, the appellant was deprived of the amount.