SUSHANTA KUMAR ROY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) These two appeals have been filed by the appellant Sushanta Kumar Roy against two different Insurance Companies.

(2.) Brief facts of the case are that the appellant who is proprietor of M/s. Meghalaya Lime Suppliers held two separate fire policies - One for Rs. 4 lacs (F.A. 7/96) taken from Oriental Insurance Company and the other for Rs. 6 lacs (F.A. 8/96) from United India Insurance Company.

(3.) Fire gutted his premises on 20.5.1991 and upon filing claims, they were settled on 23.8.1993 (F.A. 7/96) and payments were made in part on 20.4.1994 and 2.5.1994 in F.A. 7/96. The claims having been settled the appellant/complainant approached the State Commission praying for compensation on account of delay in settlement (F.A. 7/96) and for settlement of full claim with interest (F.A. 8/96). The State Commission upon hearing the parties and perusal of material on record did not agree with the complainant on the point of delay in settlement. However, it allowed Rs. 2,500 to be given to the complainant (F.A. 7/96) which the opposite party had deducted as policy excess. In F.A. 8/96, during the pendency of the complaint, the opposite party paid the second instalment of the claim making it an amount of Rs. 5,73,130 against claim of Rs. 6 lacs. The State Commission awarded the balance amount, thus, the complainant got the full claimed amount and the limit of each of the Fire Policies.