ORIENTAL INSURANCE COMPANY Vs. SHIV KUMAR

JUDGEMENT

(1.) PLAINTIFF -respondent purchased a fire insurance cover from the appellant -Insurance Company for the period w.e.f.31.8.2002 to 30.08.2003 on 6.6.2003 on account of sparking in the high tension electric voltage wires crossing over the godown of the plaintiff -respondent.

(2.) EXTENSIVE damage was done to the case of the plaintiff -respondent on account of fire. Plaintiff -respondent filed his claim along with other necessary documents. The defendant -appellants appointed a Surveyor on 8.6.2003 who visited the premises of the plaintiff -respondent and also took photographs of the godowns effected by the fire. Thereafter, the Bank -officials visited the premises on 10.6.2013 and made assessment of the loss suffered by the plaintiff. Total damage to the stock was assessed for Rs. 19,48,503/ -.

(3.) THE suit was contested by defendants No.1 and 2 raising various preliminary objections. On merits, it was submitted that as per the assessment of the Surveyor appointed by the respondent -Insurance Company, net loss as Rs. 3,73,791/ - and, thus, claim was repudiated rightly. It was prayed that the suit be dismissed. Defendant No.3 was proceeded against ex parte. On the basis of the pleadings of the parties, the following issues were framed: -