SUBASH TRADING COMPANY REPRESENTED BY ITS PROPRIETOR Vs. DIVISIONAL MANAGER NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE facts leading to instant revision petition are these. Shri Ashok Kumar Gupta is the proprietor of M/s Subash Trading Company, the complainant/revisionist. THE complainant has grocery wholesale shop at Chandan Bazaar, Bhadrak, Orissa. Insurance policy was obtained from New India Assurance Co. Ltd., Respondent No. 1, for a sum of Rs. 10 lakhs for the period from 06-04-1999 to 05-04-2000. Unfortunately, on 29-10-1999 flood water entered into complainant"s godown and destroyed grocery articles worth Rs.6,22,520/-. THE complainant submitted its claim before respondent no. 1. First of all, the respondent no. 1 appointed a surveyor namely Shri S.K. Parhi on 03-11-1999. THE following extract of his report is significant and is reproduced below:

(2.) THEREAFTER Shri S.S. Mohapatra was appointed as surveyor, who gave his report on 4th February, 2000. Relevant extracts of his report are as below:

(3.) AT the time of above said settlement, the price of these 56 bags of sugar was deducted and the balance was paid. The District Forum gave compensation for these 56 bags as well. On appeal, the learned State Commission held: