UNITED INDIA INSURANCE CO. LTD Vs. KARUNA DUTTA

JUDGEMENT

(1.) This revision petition filed under Rule 32 of the Rules for Administration of Justice and Police in Nagaland (Third Amendment) Act, 1984 read with Article 227 of the Constitution of India is directed against the judgment and order dated 21.9.2005 passed by the learned Deputy Commissioner (J) Nagaland, Dimapur in Civil Appeal No.4/2000 enhancing the decreetal amount from Rs.91,500.00 with 15% interest and Rs.10,821.60 being cost of court fee etc awarded by the learned Assistant to Deputy Commissioner, Dimapur in Civil Suit No.20/92 in favour of the opposite party/plaintiff to Rs.6,50,000.00.

(2.) The present respondent is the plaintiff in the Civil Suit No.20/92. He owns a Saw Mill in the name and style of M/s Dimapur Saw Mill situated at Circular Road, Dimapur.

(3.) The petitioner is the Defendant/Insu-rance company in the said suit. The case of the petitioner is that it issued a Fire Policy from its Dimapur office in favour of respondent for the period from 22.7.1988 to 21.7.1989, covering fire risk in respect of plant and machineries, accessories for Rs.2,50,000.00, for stock another sum of Rs.2,50,000.00 giving total coverage of Rs. 5 lacs only on the terms and conditions mentioned in the policy. To that effect the respondent/plaintiff paid the prescribed premium of Rs.500.00 for the said policy. The Dimapur Branch of the petitioner-company received a communication dated 16.6.1989 from the respondent/platinff intimating about the fire incident of 10.6.1989 and in the said incident he suffered loss to the tune of Rs.91,500.00 under the following heads: 1) 3 thatched houses - Rs.76,000.00 2) Labour articles - Rs.10,000.00 3) Iron sheets - Rs. 5,000.00