NATIONAL INSURANCE COMPANY LTD Vs. BAIDYANATH PD GUPTA

JUDGEMENT

(1.) O. P. National Insurance Company is the appellant who has preferred the appeal against the order dated 12.9.1995 passed by District Forum, Samastipur in Complaint Case No.32/1994 whereby and whereunder claim in favour of the complainant for Rs.17,160.50 has been allowed after deducting the amount of Rs.16,165/- already credited to the account of the complainant with interest. Rs.200/- has been awarded as compensation and Rs.100/- as cost of litigation in favour of the complainant.

(2.) The appeal was heard ex parte against respondent No.2 (State Bank of India, Samastipur) who did not appear in spite of service of the registered notice.

(3.) The brief fact of the case is that complainant has filed the complaint against the Insurance Company and against the Branch Manager, State Bank of India, Kalayanpur-O. P. No.2 stating therein that he had a fertilizer shop at Kalyanpur, Samastipur. The shop was insured by the O. P.1 to the extent of Rs.50,000/- only. In the year 1987 there was flood and stock of fertilizer kept in the shop was damaged with water. The complainant preferred claim to the Insurance Company - O. P. No.1. A Surveyor was appointed. The matter was also entrusted to the Vigilance Authority. The Surveyor reported the value of the loss to the extent of Rs.33,325.50 as against the claim of Rs.42,067.69. The O. P. No.1 out of its own settled the claim for Rs.16,165/- only and sent the cheque of this amount to the complainant. The complainant has prayed for the remaining amount as assessed by the Surveyor.