BISWANATH STORES Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) WE have heard Mr. D.R.Choudhury along with Mr. D. Deb, learned Counsel for the appellant and Mr. A. Gon Choudhury, learned Counsel for the respondent.

(2.) THIS appeal has arisen from the judgment dated 30.4.2008 rendered by the District Forum, West Tripura, Agartala in case No. CPA -43 of 2003 awarding Rs. 1,35,790 including compensation and interest in favour of the appellant herein. The insurer -respondent herein has been directed to pay the amount from the date of judgment failing which the amount will carry interest @ 9% p.a. from the date of lodging the complaint on 15.3.2003.

(3.) THE appellant is M/s. Biswanath Stores at 52/2, Central Road, Agartala. The firm had its business of hardware and other materials. It had a godown with stock of articles for sale which were insured with the respondent for the period of one year from 31.7.2000 to 30.7.2001 covering theft, fire and flood. The admitted fact is that Agartala town had gone under water on 3.5.2001 and again on 5.6.2001 which severely affected the godown of the appellant. The appellant suffered substantial damages for which he made a claim to the respondent for compensation to the tune of Rs. 4,01,443. The insurer, however, did not show any positive gesture. Against such a huge loss, it is alleged, only a paltry sum of Rs. 22,276 was offered following an Advocate notice from the appellant on 5.3.2003. The insurer, however, got the loss assessed by a Surveyor. But the report of the surveyor was not made known to the appellant. The Surveyor's two reports separately assessed damages suffered in two flood. Failing to get positive response from the insurer the appellant finally approached the District Forum for compensation.