NATIONAL INSURANCE COMPANY LTD. Vs. JAMALDIN

JUDGEMENT

(1.) Heard and gone through the record. Appellant -Insurance Company seeks the reversal of order dated 19.1.2010, of learned District Consumer Disputes Redressal Forum, Una, whereby allowing the complaint of the respondent -Jamal Din, learned Forum has ordered the appellant to pay a sum of Rs. 31,899 with interest at the rate of 9% per annum, on account of insurance money and Rs. 2,000 on account of cost of litigation.

(2.) Respondent -Jamal Din, had insured his poultry shed for a sum of Rs. 1,00,000 with the appellant,vide policy Annexure R -3, in the month of February, 2008. The shed caught fire in May, 2008, and was completely destroyed. Only walls of the shed which were made up of Pucca bricks remained. Incident was reported by the respondent to the appellant. A surveyor deputed by the appellant inspected the spot and submitted report Annexure R -6, per which the total loss sustained by the appellant was to the tune of Rs. 24,700. He made a cut at the rate of 50% in the cost of material used in the construction of the structure on account of depreciation. Also, he made a cut of Rs. 10,000 on account of excess clause in the policy and found the respondent entitled to a sum of Rs. 5,350 only. The aforesaid amount of money was paid by the appellant, by depositing the same with the bankers of the respondent.

(3.) Respondent felt aggrieved by the quantum of insurance money paid by the appellant and, therefore, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, before learned District Consumer Disputes Redressal Forum, Una. He alleged that the shed was completely destroyed in fire and, therefore, he was entitled to the entire insured value of the shed. Appellant contested the complaint and pleaded that the loss sustained by the respondent, as per report of the Surveyor was only to the tune of Rs. 5,350 and that the aforesaid amount of money had already been deposited in the bank account of the respondent.