S B ENTERPRISES Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This is an appeal against the order of 6th April, 1992 of the State Commission of Delhi in Complaint No. 81/- 90. The appellant was running a small scale unit manufacturing crown caps. He had taken out an insurance policy for the period from 27th September, 1989 to 26th of September, 1990 for the building, fixtures and furniture, machinery and stocks including raw materials etc. The total amount covered under the insurance policy was Rs. 3 lacs. There was a fire in the unit on the night of 29th-30th October, 1989 which caused damage" to the insured property. As there was considerable delay in settlement of the insurance claim by the respondent insurer, in July, 1990 the appellant complainant filed a complaint before the State Commission of Delhi in which he made the claim for Rs. 2,88,940/- or say Rs. 2.89 lacs. This included a sum of Rs. 1 lac on account of loss of business arising from the delay in the settlement of the claim, under the insurance policy.

(2.) During the pendency of the complaint before the State Commission, the appellant asked for increased relief of the total value of Rs. 5,79,547/-. This, however, has not been considered by the State Commission.

(3.) After a detailed examination the State Commission allowed the claim amounting to Rs.1,80,498/- with interest at 16% p.a. from the date of the order till the date of payment and costs Rs.1,500/-. The appellant has challenged the quantum of the award given by the State Commission in its favour.