UNITED INDIA INSURANCE COMPANY LIMITED Vs. G VIJAYAKUMAR

JUDGEMENT

(1.) THE opposite party in C.O.P. No. 47/2000 on the file of the District Forum, Tuticorin, is the appellant herein. The respondent herein filed the complaint against the opposite party for a direction to pay Rs. 8,500 with interest at the rate of 12% per annum towards repair charges for the air conditioner, to pay Rs. 25,000 towards damages and Rs. 2,000 towards costs alleging as follows:

(2.) HE had an Amtrex Split Air Conditioner in his hair cutting centre. He had insured the AC machine and other machinery with the opposite party from 1993 onwards. The policy was renewed year after year upto 1998. On 22.11.1999 he insured the very same articles with the appellant/opposite party and paid a sum of Rs. 788. The air conditioner went out of order. The complainant sent a claim petition on 14.2.2000 to which the appellant sent a reply on 24.2.2000 repudiating the claim and in such circumstances the complaint came to be filed.

(3.) THE opposite party resisted the claim contending inter alia as follows: