SAHEEN SCREEN PRINTS Vs. UNITED INDIA INSURANCE CO

JUDGEMENT

(1.) Both these complaints are against the United India Insurance Company and has arisen out of the damage to their goods under the insurance policy due to heavy rains. That the common question of law and facts are same in both the cases and, therefore, at the request of both the advocates and parties, both the complaints are disposed of by single judgment.

(2.) It is not disputed that the complainants have taken insurance from the opposite party on the same date i. e.3.8.88. The complaint filed by Saheen Screen Prints took an insurance for the sum of Rs.6 lakhs for the shed having class A and B construction and other materials like tables with wax, fans, tubes, other electrical installations and fittings, stock of cloth colour and chemicals etc. The Insurance was for the period commencing from 5.8.88 to 4.8.89. The complainant of complaint No.113/91, A-one Screen Printers took the insurance for shed of Class A and B construction with tables with wax, fans, tubes, other electrical installation and fittings and stock of clothes, colour, chemicals etc. commencing from the same period i. e. from 5.8.88 to 4.8.89. The complaint No.112/ 91 is signed by Hasina Farid Mohammed the owner of Saheen Screen Prints and complaint No.113/91 is signed by Farid Mohammed Ganibhai Tizoriwala, the owner of A-one Screen Printers. Both the works are adjoining to each other at Danilimda opposite to P. W. D. Guest House bearing Plot No.64 at Ahmedabad.

(3.) In para 3 the complainant has averred that on account of heavy rains and thunder and storm lashed the city on 15.6.89 and because of the heavy rain the factory and sheds in question was damaged at large scale by thundering storm and rain in the night of 15.6.89 whereby the entire shed came down. That the impact of the thunder was high to such an extent that the shed, tables, electric fittings designs and other materials lying in the factory were damaged at large scale. Same are the averments in complaint No.1 13/91. The applicant of complaint No.112/91 has claimed Rs.4,15,440/- as damages whereas the complainant in case No.1 13/ 91 has claimed Rs.2,69,727/- as damages. Both the complainants have also claimed for the interest @ 15% from the date of accident till the realisation of the entire amount. In support the complainants have also produced copy of the insurance policy, electricity bill and a letter written by Mr. Bharat J. Mehta wherein Mr. Mehta has complained that the complainants were not sending material to assess the value and has given time to send the same. The complainants in both the matters have replied and the copy of the letter is also produced.