ORIENTAL INSURANCE CO LTD Vs. VIKAS DRUG PHARMA

JUDGEMENT

(1.) THE complainant has been allowed a sum of Rs. 24,358/ - Interest has also been allowed at the rate of 18% compensation to the extent of Rs. 10.000/ - has also been allowed. It is this decision given by the State Commission which is subject matter of challenge in this appeal.

(2.) IT is not in dispute that M/s Vikas Drug Pharma, complainant was insured with the appellant Insurance Company. It is also not in dispute that some loss did occur in the premises or the above concern. This was in a fire related incident. This claim was not settled to the satisfaction of the complainant. The complainant approached the State Commission. The State Commission has directed that the complainant should be compensated to the extent of Rs. 24,358/ - and has also awarded other amounts in the matter noticed above. It is this view expressed by the State Commission which is under challenge in this appeal.

(3.) IT is urged that the claim is barred by limitation. In support of this, it is urged that the appellant company repudiated the claim of the complainant It is accordingly submitted that the limitation for filing the claim would be one year. For this legal proposition reliance is being placed on a Division Bench judgment of this court reported as Rajinder Koul Vs. United Insurance Company Ltd. 2002 SLJ456.