ORIENTAL INSURANCE CO LTD Vs. S GURUCHARAN SINGH

JUDGEMENT

(1.) This appeal is directed against the order dated 23.8.2002 passed by the DF by virtue of which complaint of the complainant has been allowed and appellant/op was directed to pay Rs.99,874.00 with 9 per cent interest per annum 3 months from the date of loss and Rs.5,000.00 as compensation.

(2.) Shorn of details, the case of complainant/respondent before the DF was that the complainant insured his residential house and secured a policy from 2nd March, 2000 to 1st March, 2001 for Rs.6.00 lakhs. The said building was damaged due to floods. The damage was caused to the building, boundary wall, septic tank, underground sewerage system, compound retaining wall. Claim was resisted by the respondent. Appellant appointed Sai Consultants as Surveyor in order to assess the loss. Surveyor assessed the net loss to the tune of Rs.41,449.00. It was recommended by the Surveyor that the claim was not payable so the respondent could not be indemnified because loss to the retaining wall was not covered. The appellant declared it 'no Claim' by repudiating it. Complainant filed the complaint before the DF where the OP resisted the claim and got the loss estimated by Singh Designers and found the loss to the tune of Rs.99,874.00. The claim was resisted on various grounds by the appellant but after taking the evidence of the parties DF passed the impugned order.

(3.) Heard learned Counsel for the parties. We have perused the whole record. Learned Counsel for the appellant has raised various points mainly that the retaining wall is not covered by the insurance policy. It is an admitted fact that the compound wall is included in the building and we are in agreement with the DF who has held that the compound wall/retaining wall is covered by the insurance policy. It is because compound wall is constructed on the retaining wall itself and serves as foundation for the compound wall.