ORIENTAL INSURANCE CO. LTD Vs. KAILASH KUMAR LUHARUKA

JUDGEMENT

(1.) The respondent/complainant is engaged in the business of selling cloth obtained a cash credit limit of Rs. 4,00,000/- from the Canara Bank and then obtained a Standard Fire and Special Perils Policy from the petitioner company for the period from 31.07.1996 to 30.07.1997. A fire broke out in the premises of the complainant in the night of 23/24.06.1997. The matter was reported to the police and fire brigade was informed. On intimation being given to the insurer a surveyor namely Mr. Ashok Prasad was appointed by the insurer to carry out the preliminary survey. Accordingly, Mr. Ashok Prasad inspected the premises of the complainant and submitted a report assessing the loss to the complainant at Rs. 3,88,583.53 though the assessment was made subject to the final survey.

(2.) The report of Mr. Ashok Prasad would show that not only he had inspected the shop and found that the fire had engulfed almost three portions of the shop, he also asked the complainant to segregate the good cloth and an inventory of the good cloth costing Rs.1,06,761.16/- was prepared by him as per the details enclosed to his report. Thereafter, he asked the complainant to prepare separate inventories of the damaged goods and partially damaged goods.

(3.) The report further shows that the surveyor had made local enquiries in which the extent of fire was confirmed. He also inspected the account books shown to him by the complainant and thereafter made the assessment. The report to the extent it pertains to the assessment of the loss reads as under:-