LAWS(APCDRC)-2010-1-17

RATNA MOHAN REDDY Vs. NATIONAL INSURANCE COMPANY LIMITED

Decided On January 18, 2010
Ratna Mohan Reddy Appellant
V/S
NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) Since both these appeals F.A.Nos.724/2007 and F.A.No.725/2007 pertain to common facts they are being disposed of by this common order. F.A.No.724/2007 :

(2.) Aggrieved by the order in C.C.No.5/2006 on the file of District Forum District Forum, Adilabad , the complainant preferred this appeal.

(3.) The brief facts as set out in the case are that the complainant is a forest Beedi Leaf Contractor participating in the tenders called for by the Forest Department every season to collect the beedi leaves from the forest land and insured his unit No.162 with the opposite party for the period from 7.5.2000 to 9.6.2000 for a sum of Rs.25,80,000/- under Fire Policy(Stock in-open) and paid the premium of Rs.5,974/- and the opposite party in turn issued a cover note in favour of the complainant. Between 25.5.2000 to 30.5.2000 there was a torrential rain accompanied by gale which washed away the stocks and the same was informed to the opposite party who appointed a surveyor to assess the loss and the Forest Department also conducted Panchanama and certified the loss at Rs.4,68,000/-. The complainant submits that he approached the Insurance Ombudsman but could not get justice, hence the complaint seeking direction to the opposite party to pay Rs.7,79,730/- with interest at 12% p.a. from the date of incident till the date of filing of the complaint and to pay further interest @ 12% p.a. from the date of complaint till realization together with compensation of Rs.50,000/- and costs.