NATIONAL INSURANCE CO LTD Vs. EDAPPANAAGRO MILLS

JUDGEMENT

(1.) WP(C) Nos.43531/2024, 195/2025, 3062/2025, 3164/2025] W.P.(C) No.43531 of 2024 and W.P.(C) No.195 of 2025 are filed by the National Insurance Company (hereinafter referred to as the insurer) challenging the awards passed by the Permanent Lok Adalath (hereinafter referred to as 'PLA'), Ernakulam, in O.P.No.4442/2020 and O.P.No.4443/2020, dtd. 6/9/2024. W.P.(C) No.3062 of 2025 and W.P.(C) No.3164 of 2025 are filed by the complainants/insured in the above proceedings, challenging the award to the extent it refused payment of interest from the date of the petition filed on 29/1/2020.

(2.) The brief facts necessary for the disposal of the cases are as follows:

(3.) It was pleaded that on 23/8/2018, the Surveyor appointed by the company inspected the premises to assess the loss. It is also stated that on 12/9/2018, the Food Safety Officer concerned inspected the factory and storage of the first respondent and estimated that 60.051 metric tons of paddy and 178.545 metric tons of rice found in the premises were unfit for human consumption and that the quantity was estimated with the aid of the stock register as no physical verification was possible. The Surveyor, based on the report of the Chartered Accountant, valued the total stock at Rs.2,29,54,037.00 and assessed 60% loss of the said value as loss, without considering the capillary rise of water through the stacks above the water level. It is also stated that the applicant received Rs.1,07,46,484.00 in his bank account through RTGS transfer and that the entire stock and something in excess was consigned to Bharat Kataria as salvage, and it was not merely 60% of the total stock.