SUKHJIKA INDUSTRIES Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE complaint is filed seeking direction to the opposite party Insurance Company to pay a sum of Rs. 63,97,020 besides Rs. 10 lakh towards compensation towards suffering mental agony as also costs.

(2.) THE averments of the complaint are that the complainant, a proprietary concern engaged in business of manufacturing and trading of cattle feed since 1963 and purchased the machine made in China for manufacturing feed packing material. The complainant firm insured the machine and building as also the packing material for the cattle feed under Insurance Policy bearing No. 551703/11/08/3100000716 forthe period commencing from 20.12.2008 till 19.12.2009 for the sum assured Rs. 751akh. The complainant firm obtained the Insurance Policy basing on the representations of the opposite party Insurance Company. The proprietor of the complainant firm is an illiterate lady and the opposite party has obtained her signature on the blank proposal form.

(3.) ON 27.1.2009 at about 1.30 a.m. a fire accident took place which was extinguished by two fire engines by 4 a.m. The complainant firm suffered loss of the machinery and packing material and also the building. The complainant lodged complaint with the police Rajendra Nagar. A case in FIR 94 of 2009 was registered on 27.1.2009. Due to the fire accident the packing material got melted and the melted material was spread over the entire room where the machine was installed and the machine was encompassed by the melted plastic material.