H P HORTICULTURAL PRODUCE MARKETING AND PROCESSING CORPORATION LIMITED Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The plaintiff is a limited company incorporated under the Companies Act, 1956. It has a Fruit Processing Plant at Parwanoo in District Solan. In such plant, 18 numbers of Tanks have been installed in the cold storage chamber. Such tanks have the storage capacity of 4.20 lacs litres of apple juice concentrate. Two other tanks with the storage capacity of 50,000 litres of apple juice concentrate have been installed in the pre-cooling chamber outside the cold storage chamber.

(2.) The complete plant and machinery, tools, accessories etc. along with the stock of apple juice concentrate, Aroma and chemicals whilst lying in the cold storage was insured by the plaintiff for a sum of Rs. 6,24,65,000/- during the period 17-9-1990 to 16-9-1991 vide insurance policy Ex. PW 1/1, covering the following risks :-.1. Fire.2. Lightening..3. Explosion/implosion but excluding loss of or damage to boilers (other than domestic boilers) economisers, or other vessels, machinery or apparatus in which steam is generated or other contents resulting from their own explosion/implosion..4. Impact by rail/road vehicles or animal..5. Aircraft and other aerial and/or space devices and/or articles dropped therefrom, excluding destruction or damage occasioned by pressure waves caused by such devices..6. Riot, strike and malicious damage as per clause printed thereon.

(3.) Additional premium was paid by the plaintiff to cover the risk of earthquake also, since under the general terms of the policy such risk was not covered.