NATIONAL INSURANCE CO LTD Vs. RATANBHAI LALLUBHAI

JUDGEMENT

(1.) The present revision petition has been filed by the National Insurance Co.Ltd. (hereinafter referred to as the Petitioner ) against the order of the State Consumer Disputes Redressal Commission, Gujarat (hereinafter referred to as the State Commission ) in favour of Ratanbhai Lallubhai (hereinafter referred to as the Respondent ).

(2.) The facts of the case are that the Respondent obtained Standard Fire and Special Peril Policy for the stock and stock-in trade for the sum of Rs.15 lakhs from the Petitioner/Insurance Company for the period from 10.10.2002 to 09.10.2003. During the night of 23-24.08.2002, there was heavy and continuous rainfall in and around the city of Ahmedabad which led to accumulation of water and choking-up of the drainage pipes in large parts of the city. The premises of the Respondent was also affected during these rains and caused damage to the stock therein. Respondent, therefore, lodged a claim about his loss with the Petitioner/Insurance Company which appointed a Surveyor who assessed the loss of stocks of the Respondent to the tune of Rs.4,30,642/- and after deducting Rs.1,35,000/- towards salvage and Rs.10,000/- towards excess amount recommended a payment of Rs.2,85,642/- to the Respondent. Petitioner, however, sent the vouchers only for Rs.1,87,477/- to the Respondent who protested contending that the balance of Rs.98,165/- should also be paid to him so that he could get the admissible claim amount as assessed at Rs.2,85,642/- by the Surveyor. Petitioner/Insurance Company, however, did not accede to the request of the Respondent. Respondent, therefore, filed a complaint before the District Forum on the grounds of unfair trade practice and deficiency in service and requested that the Petitioner be directed to settle the claim at Rs.2,85,642/- along with other reliefs.

(3.) Petitioner, however, denied the complaint and stated that the amount of Rs.1,87,477/- was offered to the Respondent on the basis of the report of the Surveyor who arrived at this figure after reducing the value of some of the stocks by Rs.98,165/- due to ageing since these had been lying for more than 6 months. Therefore, the offer of Rs.1,87,477/- based on the assessment of the Surveyor was fair and equitable.