NATIONAL INSURANCE COMPANY Vs. RAJA POILTRY FARM

JUDGEMENT

(1.) This is the case of a poultry farm in Andhra Pradesh, which had obtained insurance cover for Rs. 20 lakh for the period 26.8.1996 to 25.8.1997, from the present Revision Petitioner. The poultry farm reportedly suffered huge damage in the cyclone, which hit Andhra coast on 6.11.1996, with large-scale destruction of buildings, poultry feed and birds. The insurance claim filed by the Complainant/Respondent was accepted by the Insurance Company only for Rs. 88,665 on the basis of the report of the Surveyor. This was against his claim for Rs.5,79,000.

(2.) The District Forum ordered the Insurance Company to pay Rs. 3,59,824 with interest at 12% and Rs. 3,000 towards cost. In the appeal by the Insurance Company, the State Commission modified the order of District Forum to the following extent:

(3.) The above order of the State Commission has been challenged by the National Insurance Company Ltd., in this Revision Petition, substantially on the ground that the order of the Consumer Fora amounts to interference with expert finding of the Surveyor. The award of interest is also challenged as not permissible under the law laid down by the Apex Court. We have perused the records of this case and heard the Counsel for the two parties.