ASSAMBROOK LIMITED Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The key questions which fall the consideration in this case, pertaining to the year 2003, are, what value should be appended with the report of a surveyor? And how much compensation should be awarded to the complainant due to negligent, inactive, passive and lackadaisical manner in keeping the matter pending for the last ten years till date?

(2.) Assambrook Limited, the complainant in this case, purchased Tatamala Factory Tea Estate and the Factory alongwith Machinary situated therein in Calcutta. The said factory was not in operation at that time and continued to be so ever after its purchase by the complainant company. The said factory alongwith its machinery was covered by comprehensive fire insurance policies taken from time to time from OP- United India Insurance Company, last being from 1st May 2000 to 30th April 2001.

(3.) On 15.04.2001 at about 3.00 P.M. fire broke out at Tatamala Factory. Immediately, the fire station Kalpetta was informed and they extinguished the fire. In this fire the factory was completely gutted and its machinery got damaged. The OP-1 was informed about the same on 16.04.2001. Local Police was also informed vide FIR lodged with the Police Station Vellamunda on 16.04.2001. Other authorities were also apprised of the incident. The OP-1 through its Regional Office at Ernakulam appointed one Captain Krishnan & Co. as surveyor for inspection of the site. The surveyor conducted the survey at the said factory premises on or about 3rd week of April 2001. The Station Officer, Fire Station, Kalpetta and Electrical Inspector gave separate reports on 02.05.2001. The complainant also received the copy of the said report of the Electrical Inspector from the Vellamunda Police Station on or about 16.05.2001.