KAMAL RAJ MALHOTRA Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) SINCE these appeals have arisen out of the order dated 31.5.2007 passed by the District Forum, Mandi in Complaint Case No. 55/2007, as such they were heard together and are being disposed of by this common order.

(2.) APPEAL No. 248/2007 has been filed by the appellants, hereinafter referred to as the complainants, for enhancement of the compensation, whereas Appeal No. 261/2007 has been field by the Insurance Company, hereinafter referred to as the opposite party, for reduction of compensation.

(3.) FROM the other material on record including Surveyors report field and relied upon by the opposite party as well as of retired Junior Engineer filed by the complainant, it is established that there was incessant rains between 6.8.2006 to 10.8.2006. Retaining wall and PCC wall of the house of the complainants was badly damaged having subsided as a result of such rains. As such, they informed the opposite party and submitted a claim in the sum of Rs. 2,84,644, against the retaining walls, etc. having been insured for Rs. 2,00,000. ?Finally, as per Surveyors report appointed by the opposite party, he assessed the damage caused, to the extent of Rs. 1,26,047 after deducting Rs. 22,518 on account of work below H.P. Public Works Department specifications, the Surveyors report, having been accepted by the District Forum below, it has been ordered that the complainants were entitled to recover Rs. 1,04,101 from the opposite party with interest @ 9% per annum from the date of institution i.e., 12.3.2007 till payment alongwith cost of Rs. 2,000.