PRIYA INDUSTRIES Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) COMPLAINANT/Petitioner which deals in business of woolen Felt and Carnatting and Carpet took fire insurance policy on 14.9.2000 from the Respondent Insurance Company under cover note No. JRO 061802 covering the risk of Rs. 25 lakh in respect of building, plant and machinery and stock for the period from 14.9.2000 to 13.9.2001. Petitioner got the policy renewed for the next year from 14.9.2001 to 13.9.2002. On 24.3.2002, fire broke out in the factory of the Petitioner because of short circuit as a fault of which Petitioner suffered loss of Rs. 19,40,556. Petitioner gave the intimation regarding the said incident to the Respondent Insurance Company. Respondent appointed Surveyor, Rajesh Kumar Goyal to assess the loss. Petitioner gave the necessary documents and papers demanded by the Surveyor. As per Petitioner's estimate the loss under various heads was as under:

(2.) RESPONDENT Insurance Company informed the Petitioner that it had settled the claim on the basis of report submitted by the Surveyor for Rs. 6,74,539 in full and final settlement. Petitioner accepted the sum of Rs. 6,74,539 under protest and filed the complaint seeking the following further amounts:

(3.) PETITIONER claimed this amount on the basis of reports (Annexures P-10 and P-11) given by Sanjay Sharma, Architect and Vijay Sharma, Civil Engineer respectively. After hearing the parties, District Forum dismissed the complaint. District Forum accepted the report submitted by the Surveyor and rejected the reports (Annexures P-10 and P-11) submitted by the Architect and the Civil Engineer on the ground that they were not authorized persons.