NATIONAL INSURANCE CO. LTD. Vs. VINOD PURI

JUDGEMENT

(1.) This revision is directed against the order of the State Commission whereby the State Commission dismissed the appeal of the petitioner opposite party against the order of the District Forum allowing the complaint.

(2.) Briefly put the facts relevant for the disposal of this revision petition are that respondent no.1 complainant is running a tyre retreading shop in village Tatahar in Sarkaghat Tehsil District Mandi. He insured his plant and machinery as well as the stock with the petitioner appellant for the period 06.05.2008 to 05.05.2009. The plant, machinery and accessories were insured for Rs.5.00 lacs and stocks for Rs.6.00 lacs. According to the complainant, during the validity of the insurance policy, a fire broke out in one of the two godowns of the respondent complainant located about 30 meters away from his shop. In that fire, plant, machinery and stock worth Rs.13.00 lacs were destroyed. The respondent complainant lodged an insurance claim with the appellant but it was repudiated on the ground that insurance was in respect of the plant, machinery and stocks available in the shop and the stock or the machinery kept in a godown was not insured. Aggrieved of this repudiation, respondent complainant preferred a consumer complaint seeking a direction to the petitioner to pay the insurance money alongwith compensation and litigation expenses.

(3.) The appellant contested the complaint and took the above noted plea of repudiation of claim.