ORIENTAL INSURANCE CO LTD Vs. BABUL DEV

JUDGEMENT

(1.) This appeal arises out of the order of the State Consumer Disputes Redressal Commission, Tripura, whereby the State Commission allowed the complaint.

(2.) The facts in brief which led the complainant to approach the State Commission are as under :

(3.) The complainant, proprietor of M/s. Giridhari Bakery, Agartala, had his show-room, bakery items, stationery goods and similar other goods and furniture, insured with the opposite party, M/s. Oriental Insurance Company for Rs. 4 lakhs for the period 19.7.1993 to 18.7.1994 and paid the requisite premium. The insurance policy covers the perils of fire, theft, flood, etc. It is the case of the complainant that due to floods in Agartala during the period 20th July to 22nd July, 1993 he had sustained a loss of Rs. 1,95,165/-. The damaged goods were destroyed by the Agartala Municipality at trenching ground at Hapania outside the Municipal area on 4.8.1993 and a destruction certification was also issued by the Inspector to this effect. The complainant then preferred a claim to the Insurance Company for an amount of Rs. 1,95,165/-. The Insurance Company repudiated the policy on the ground that the policy did not cover the risk of flood and further that the Shopkeeper's insurance policy contained a condition that flood is not covered by the policy. This had led the complainant to approach the State Commission by claiming compensation of Rs. 5,30,000/-.