GANGAPRASAD HARIPRASAD JANI Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) A Standard Fire and Special Perils Policy in the name of one Gangaprasad Hariprasad Jani was obtained in the year 1985, in respect of the building No. 1456 to 1464/1 HK Bhavan, Reid Road, Ahmedabad where a hotel was being run. The policy was last renewed for a period of one year w.e.f. 26.03.2007. Sh. Gangaprasad Hariprasad Jani had expired in the year 1997 but despite that the policy continued to be got renewed in the name of the deceased. The building in respect of which the policy had been obtained collapsed on 03.02.2008 and a claim for reimbursement in terms of the insurance policy was lodged by the legal representatives of late Sh. Gangaprasad Hariprasad Jani who claimed to be owners of the building. M/s C.P. Mehta and Co. were appointed as the surveyors to assess the loss but the claim was repudiated vide letter dated 06.05.2009 which to the extent it is relevant reads as under:-

(2.) A consumer complaint was filed by an HuF namely Gangaprasad Hariprasad Jani HuF through its Karta Mayuresh Prasad Jani and other coparceners. The complaint was resisted by the insurer which claimed that the complainants had no insurable interest in the policy and the policy had become void, on account of death of Sh. Gangaprasad Hariprasad Jani in the year 1997. It was also the case of the insurer that the insured building having collapsed on account of digging in the adjoining building the insurer was not liable to give any reimbursement for the loss to the building. It was pointed out that the digging of foundation in the adjoining building was upto 20 feet whereas the foundation in the insured building had been dug up only upto 15 ft.

(3.) The State Commission having dismissed the consumer complaint the complainants are before this Commission by way of this appeal.