NEW INDIA ASSURANCE CO. LTD. Vs. CHARAN DASS

JUDGEMENT

(1.) WE propose to disposed of these two appeals by this common order because they have arisen out of the order of the District Forum, Mandi, passed in Consumer Complaint No. 1046/2003, on 19.8.2004.

(2.) FACTS are by and large admitted, so far those relate to Insurance of the Yoga Assan (Massage) Kendra on the roof of Spring View Guest House at Tatapani, District Mandi, H.P. It was insured in the sum of Rs. 1 lac and provisional policy issued by the Insurance Company is Annexure C -1. Fire broke on the mid -night of 14/15.1.2003 at about 12:00. This caused total loss to the Kendra in question. Matter was referred to the surveyor by the Insurance Company for assessment of loss caused. As per Surveyor's report appointed by the Insurance Company loss to the Kendra was in the sum of Rs. 10,115.

(3.) NOW the dispute starts. According to the insured since it is a case of total loss, he was entitled to the entire sum of Rs. 1 lac. Whereas on the other hand according to the Insurance Company, total loss sustained was to the tune of Rs. 10,115 and by invoking excess clause of the terms and conditions of the policy of Insurance, insured is only entitled to Rs. 115. This amount of Rs. 115 had been remitted according to Mr. Sharma by his clients. Being dissatisfied, insured preferred complaint wherein Insurance Company has been held liable for payment of Rs. 10,115 with 6% interest from the date of filing of the complaint, i.e., 27.11.2003 till the entire amount was released with cost of Rs. 1,000.