RAKESH INDUSTRIES Vs. NEW INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal has been filed by the complainant appellant against the order dated 15.12.2005 passed by the District Forum, Sriganganagar in Complaint No. 279/05, by which the complaint of the Complainant appellant was allowed against the respondent Insurance Company in the manner that the respondent Insurance Company was directed to pay a sum of Rs. 1,26,500 with interest @ 9% p.a. wef 26.5.1998 and further to pay Rs. 10,000 as amount of compensation and cost of litigation and by this appeal more amount of compensation has been claimed by the complainant appellant.

(2.) IT arises in the following circumstances:

(3.) THAT the complainant appellant had taken a fire policy from the respondent Insurance Company for the period 6.1.1998 to 5.1.1999 for a sum of Rs. 12 lacs by which the stock kept with the factory were insured against the risk of the fire. It was further stated in the complaint that on the night of 26.5.1999 there was a fire in the factory as a result of which goods kept in the factory were destroyed and damaged and the complainant appellant had suffered a loss to the tune of Rs. 12 to 13 lacs and information of that incident was also given by the complainant appellant to the office of the respondent Insurance Company, but the claim was repudiated by the respondent Insurance Company on the ground that the complainant appellant had violated the terms and conditions of the policy. Thereafter the the present complaint was filed claiming Rs. 13,27,778 as amount of compensation for the damage to the goods apart from other compensation.