NATIONAL INSURANCE COMPANY LTD. Vs. KARNAIL KAUR

JUDGEMENT

(1.) KARNAIL Kaur respondent No. 1 (in short "the respondent") was running the agricultural small scale business for her livelihood under the name and style of SOMAL BARMI CULTURAL UNIT OF SMT. KARNAIL KAUR in her village Kalour, Tehsil Bassi Pathanan, District Fatehgarh Sahib for growing the fertilizer of Barmi Compost. It was pleaded that the total value of the project was Rs. 6 lakh at the time of its start. The total unit was insured with the appellants for the period from 27.8.2005 to 26.8.2006 for an amount of Rs. 6 lakh.

(2.) IT was further pleaded that in the midnight of 8th/9th May, 2006 the entire unit and the building was damaged due to heavy rain, dust storm, wind storm, tornado and all the Barmies Compost/Earth Worms (Gandoay) were destroyed. All the material including fertilizer, generator set and other equipments lying in the building was destroyed. Its intimation was given to the appellants. The strength of the earth worm had increased from 3 quintal 30 kilograms to 19 quintals 80 kilograms and the value of the Barmi Compost was Rs. 9,90,000. The value of the feed fertilizer was Rs. 50,000.

(3.) IT was further pleaded that the loss was got assessed from A.L. Verma, Architect on the direction of the appellants. He assessed the total loss to the tune of Rs. 15,01,700 vide his assessment report dated 29.6.2006. However the appellants repudiated the claim. Alleging deficiency in service on the part of the appellants, the respondent filed a complaint against them and against respondent Nos. 2 and 3 for insurance claim. Costs and interest were also prayed.