ORIENTAL INSURANCE COMPANY LTD Vs. DINDAYAL SHARMA

JUDGEMENT

(1.) O. P.- (ORIENTAL Insurance Company Ltd.) is the appellant who has preferred the appeal against the order dated 4.5.1998 passed in Complaint Case No.30/1997 by District Forum, Banka whereby and whereunder the appellant have been directed to pay the insured amount of Rs.20,000/- besides interest @ 12% and a litigation cost of Rs.1,000/- were allowed in favour of the complainant.

(2.) The brief fact of the case is that complainant with the help of O. P. No.6 got his coal depot insured for the year 1995-96 with Oriental Insurance Company Ltd. vide Policy No.33240/f-70/1996. The State Bank of India, Banka Branch paid the premium of the policy because the coal depot was established under the scheme of self-employmnet and after obtaining loan from the Bank. It is alleged that on 27.9.1995 due to flood the coal depot was flooded and all the coals stored in the depot were damaged. The complainant for the compensation of loss placed claim before the Insurance Company but it was not accepted but repudiated on the ground that the insurance was not with respect to coal depot rather against the grill gate. Thereafter the complainant filed the case before the District Forum. The O. P. No.6- State Bank of India, Banka Branch appeared and supported the contention of the complainant and its contention was that complainant's coal depot was insured and not the grill gate.

(3.) O. P. Nos.1 to 5 appeared and filed written statement and their contention was that earlier insurance was with respect to coal depot of the complainant but subsequently on the request of the complainant there was change in the insurance policy and in place of coal depot grill gate was insured with the Insurance Company. The policy was under Clause-C of the Insurance Policy, which excludes the damage, caused due to flood and on this ground, the claim of the complainant has been repudiated.