UNITED INDIA INSURANCE CO. LTD Vs. MOLY

JUDGEMENT

(1.) The appeal on hand is filed by the 3rd respondent in O.P(M.V) No.104/2007 pending on the files of Motor Accidents Claims Tribunal, Alappuzha (for short, 'the Tribunal ') challenging the award passed on 18/05/2012.

(2.) For the sake of convenience, the parties to this appeal will hereinafter be referred to as the petitioner and respondents 1 to 4 in accordance with their status in the Original Petition.

(3.) The 3rd respondent was the insurer of the offending vehicle involved in the incident occurred on 09/02/2006. On that day, a Lorry bearing Registration No. TN.27/H-1117, wherein coir fibers were loaded and proceeding to a factory, caught fire in the factory premises on touching with an electric line due to the rash and negligent act of the driver of the Lorry. In the fire, the entire 159 bundles of coir fibers loaded in the Lorry and 1300 bundles of coir fibers belonging to the petitioner, lying in the factory premises and 600 bundles of coir fibers of various other persons brought there for processing were completely destroyed. Due to the catching of fire of the coir fibers belonging to the petitioner, she sustained a loss of Rs.5,00,000.00. Alleging that the damages were resulted from the negligence of the Lorry driver who failed to take proper care and attention, the Original Petition was filed. The Factory Godown was insured with the 4th respondent with a Fire Policy. A surveyor deputed by the Company assessed damages caused to the coir fibers. Rs.1,92,364.00 was assessed as the damages caused to the fiber, which was kept in the Godown. The damages assessed being meagre, the petitioner arranged another Surveyor for assessing the damages other than the fiber and other articles which is lost in fire and thereby obtained a Report, wherein Rs.2,70,636.00 was certified as the damages. Thus claiming for a sum of Rs.2,70,636.00 as compensation for the damages caused to the coir fibers belonging to the petitioner, the Original Petition was moved before the Tribunal as O.P(M.V) No.104/2007.