NEW INDIA ASSURANCE CO., LTD. Vs. SHIV KHANNA

JUDGEMENT

(1.) Appellant was the opposite party before the State Commission, where the respondent/ complainant had filed a complaint alleging deficiency in service on the part of the appellant.

(2.) Brief facts leading to filing of the complaint were that the complainant had a valid policy covering the risk of fire, along with other risks. There was a fire incident in the premises of the complainant in the intervening night of 18th/19th March, 1999. Complainant's unit was hypothecated as security with Canara Bank, Panchkula. After the incidence of fire, the incident was reported to the police as also to the appellant claiming a loss of Rs.16,84,388.00break-up of which is as follows:

(3.) On receipt of the report about fire, appellant appointed a Surveyor, who after survey assessed the loss at Rs.8,35,183.00, after deducting Rs.10,000.00 under excess clause, break-up of which is as under :