SUNIL BANSAL Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) BOTH these appeals have been filed against the same impugned order dated 10.12.2008 of District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short), in Complaint Case No. 182/2008. One of them has been filed by the complainant and another one was filed by the Insurance Company. The District Forum has awarded Rs. 1,25,000, which was sum assured against the Insurance Policy. The complainant has come up in appeal saying that the amount of this award is insufficient and Rs. 8,02,184, as demanded by the complainant in the complaint, would have been awarded by the District Forum. Whereas, Insurance Company has come up in appeal, on the ground that looking to the Surveyor's report, no amount is payable under the policy, as insurance claim was not covered by the terms of the policy.

(2.) BRIEFLY stated, the facts of the case are that, the policy under the head "Standard Fire and Special Perils Policy" for the premises of the complainant/appellant known as Bajrang Agrotech India Private Limited, was purchased by him and by that policy total insurance coverage of Rs. 8,00,00,000 was provided under different heads. So far as Plant and Machinery were concerned, the sum insured was Rs. 1,25,00,000. On 12.12.2007, all of a sudden, the Storage Tank of Paddy along with Pillar collapsed and one person had died coming under the said construction. The incident was immediately reported to the Police and Insurance Company. Claim was also preferred. Surveyor, Hare Keshav Tiwari was appointed by the Insurance Company, who after inspection, initially as per case of the complainant has harassed him by calling many times to the office and in indulging unnecessary correspondence, ultimately he told the complainant that he would see how any amount would be paid, by way of claim to the complainant. The complainant reported orally and in writing all these facts to the Insurance Company. Ultimately the Surveyor submitted his report before the Insurance Company with the opinion that the incident was not covered under the "Standard Fire and Special Perils Policy". Acting on this report of the Surveyor, the claim was repudiated by the Insurance Company, which compelled the complainant to file consumer complaint before the District Forum.

(3.) THE Insurance Company in its reply asserted that the Surveyor has clearly found that the structure was not as per specification and in case some damage was caused by rats to the Pillars, supporting the storage tank and the foundation, even then, it was not covered by the policy. On these grounds, the complaint was contested.