MAJJI PADMA Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) APPELLANT is unsuccessful complainant.

(2.) THE case of the complainant in brief is that she is the owner of a poultry farm established under PMRY scheme for which she had taken a standard fire special perils policy from the Insurance Company and got it renewed from 19.11.2001 to 18.11.2002 for Rs. 9,25,000. While so on 29.7.2002 there was heavy rain and winds due to which poultry was collapsed causing damage of property worth Rs. 71,000. The said fact was informed on which the respondent Insurance Company took photographs and estimated the damage but did not inform as to the exact settlement that was made despite their repeated reminders. Therefore she filed the complaint claiming Rs. 71,000 under the policy together with interest, compensation and costs.

(3.) THE Insurance Company resisted the case. While admitting issuance of policy it alleged that on receipt of information it had appointed a Surveyor. While confirming the alleged loss he found only cracks were formed on account of improper construction, and not due to heavy rains. The neighbouring poultry sheds were not affected. However, he estimated the loss at Rs. 3,800. Since it was below the policy excess of Rs. 10,000 the claim was repudiated. The Metrological Department did not declare that there was cyclone. Only on such event the complainant was entitled to the amount. Therefore it prayed for dismissal of the complaint with costs.