GIRIRAJ PROTEINS Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) S .A. Makhija, Member: 1. The appellant Shri Giriraj Proteins are original complainant and the respondent National Insurance Co. Ltd., are the original opponent and they are referred to as such in their original nomenclature for the sake of convenience.

(2.) THE short facts of the case are that the complainant was running a flour mill in Shriram Builders Compound at Chakalia Road in village Dahod. District Dahod. It was using plastic and gunny bags for packing its product. All the packed and ready material was kept in storage place in the premises of the complainant. The complainant had insured the machinery, goods, stocks, packing material, etc., and the said policy was issued by the opponent company for insuring the risk of Rs. 62 lacs. On 6.5.2003 in the mid -night fire had taken place at the insured premises.

(3.) AS far as the facts of this case are concerned it is an admitted position that the complainants were holding a valid policy and during the subsistence of that policy the fire broke out in the insured premises.