JAGANNATHA POULTRIES Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The above named complainant, a registered partnership firm engaged in the business of Poultries at Bhabandha. It had insured one Poultry Farm by taking a Fire Policy C bearing No. 1155060104549 in the sum of Rs. 77,62,000/- valid from4.7.1999 to 03.7.2000. Unfortunately, on the night intervening 17th & 18th October, 1999, a severe cyclone hit the entire south Orissa and completely devastated the unit of the complainant, intimation of which was given to the Opposite Party-Insurance Company. M/s. Mehta & Padamsey Surveyors Pvt. Ltd., were appointed, who after spot verification on 28.10.1999 and on some other dates vide their final survey report dated 08.3.2000 assessed the total net loss at

(2.) On being noticed on the complaint, the opposite party-Insurance Company contested the complaint by filing a written version not disputing the factum of issuance of the insurance policy, the extent of loss and damage suffered by the complainant due to the cyclone on the aforesaid date and place but as also the factum of payment of Rs. 40,06,211/-However, the said amount is stated to have been paid to the complainant in full and final settlement of the complainant s claim under the policies and pursuant to the report of another surveyor Mr. S.C. Senapati, who had re-assed the total net loss at Rs. 41,24,286/- as against the net loss assessed by the previous surveyor, M/s. Mehta & Padamsey. It is denied that after receiving the aforesaid sum of Rs. 40,06,211/- in full and final settlement of its claim, anything remains due and payable to the complainant.

(3.) In the rejoinder, the complainant has controverted the objections and pleas raised in the written version and has generally reiterated the averments and allegations made in the complaint. We have carefully gone through the evidence and material brought on record and in particular the two survey reports submitted by M/s. Mehta & Padamsey and Er. Sarat Chandra Senapati. We have also heard the counsel for the parties and have considered their respective submissions.