NATIONAL INSURANCE COMPANY LIMITED Vs. INDO DESIGNERS

JUDGEMENT

(1.) THE present Appeal has been directed against the judgment and order dated 12.3.2010 passed by Consumer Disputes Redressal Forum, Unit -1, Kolkata, in CDF/Unit -I/Case No. 147/2007 wherein the learned District Forum directed the Appellant/ Insurance Co. to pay Rs. 10,92,275 along with interest @ 10% p.a. on and from 23.11.2005 till realization in full and to pay Rs. 1,00,000 by way of compensation and Rs. 15,000 towards litigation cost.

(2.) THE Complainant/Respondent's case before the learned District Forum, in brief, was that the complainant obtained insurance coverages from the Insurance Company in respect of plant/machinery, furniture, fixtures and fittings and stocks of his company for valuable consideration including fire insurance and allied peril insurance coverage. According to the complainant's case, due to heavy rainfall the factory of the complainant got water -logged causing damage to the stocks and machinery.

(3.) LEARNED District Forum while disposing of the petition of complaint has observed that the complainant was successful in substantiating its case by adducing cogent and reliable evidence. There was no point on the part of the Insurance Company to avoid the just and proper claim of the complainant though the Surveyor appointed by the Insurance Company has assessed the loss to the tune of Rs. 11,84,833.00 and accordingly disposed of the petition of complaint in favour of the complainant in the manner mentioned above.