NATIONAL INSURANCE CO. LTD Vs. GIRIRAJ PROTEINS

JUDGEMENT

(1.) The present revision petition has been filed by National Insurance Company Ltd. The complaint filed by Sh.Giriraj Proteins was dismissed by the District Forum vide order dated 13.07.2004. The State Commission has partly allowed this complaint. Aggrieved by that order, the National Insurance Co. Ltd, the respondent has filed the present revision petition.

(2.) The relevant facts of this case that will be required to be noticed lie within a short compass. Respondent/complainant was running a flour mill in Shriram Builders Compound, Opp. Maruti Pulse Pvt. Ltd. Dahod, Chakalia Road, District Dahod. Plastic and gunny bags were used by the complainant for packing of different products. The packed material was kept in storage place in the premises of the complainant. The complainant had obtained the insurance policy for machinery, goods, stock, packing material, etc., for the period from 08.06.2002 to 07.06.2003 for a sum of Rs.62,00,000/- which also covered the risk of earthquake and terrorism. He had also taken loan from Dahod Co-operative Bank for transacting the above said business.

(3.) Fire broke out in the premises of the complainant/respondent on the night intervening 6th and 7th May, 2003. Due to the above said mishap, some quantities of wheat, flour of wheat, husk, raw material, electric motors and electrical fittings were damaged due to heavy flow of water and fire. The complainant informed the insurance company. The complainant claimed a sum of Rs.28,39,082/-. The insurance company appointed a Surveyor who quantified the loss at Rs.11,17,904/-.The sum of Rs.11,17,904/- was offered to the complainant and he received the same as 'full and final' settlement of the claim, and he accepted the amount, without any protest. However, the complainant filed a complaint before the District Forum wherein he claimed a total sum of Rs.29,51,305/-, along with interest @ 15% p.a. and an additional sum of Rs.65,000/- as cost of litigation.The complainant also contended that he had accepted the sum of Rs.11,17,904/- under pressure. The District Forum dismissed the complaint vide its order dated 13.07.2004.