DIVISIONAL FOREST OFFICER, SOUTH BALAGHAT (PRODUCTION) FOREST DIVISION, BALAGHAT, M P Vs. MANAGER, ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE complainant before us is the Divisional Forest Officer, South Balaghat. The complainant was engaged in felling, collecting, transporting and selling industrial and commercial bamboos from different bamboo coupes, in the area under his jurisdiction. A policy decision was taken by the Government of Madhya Pradesh to get the bamboo depots in the naxalites affected area insured and instruction dated 02.01.1998 were issued in this regard to the Chief Conservator Officer (Production), M.P. The complainant obtained insurance from the opposite party in respect of commercial bamboo worth Rs. 5,30,75,000/ - and industrial bamboo worth Rs. 1,88,10,000/ -. The said bamboo was lying in several coupes mentioned in the list enclosed to the insurance policy. The insurance was obtained for a period of one month from 15.04.1998 to 14.05.1998 and a premium of Rs. 51,628/ - was paid to the Insurance Company.

(2.) IN several incidents which took place between 19.04.1998 to 07.05.1998, the industrial and commercial bamboos collected in 8 coupes were burnt by fire by the naxalite elements. A claim for Rs. 28,14,290/ - was submitted by the complainant to the Insurance Company. The matter was also reported to the police and several FIRs in this regard were registered at the concerned police station. A surveyor was appointed by the Insurance Company to assess the loss. The surveyor appointed by the Insurance Company namely Mr. Sanjeev Agrawal, vide his reports dated 05.09.1998, assessed the loss to the complainant at Rs. 8,51,052/ -, as against the claim of Rs. 28,14,290/ - lodged by the complainant. However, despite the aforesaid assessments made by the surveyor, no claim was paid to the complainant which led to filing of this complaint, seeking payment of the claim of Rs. 28,14,290/ - alongwith on that amount at the rate of 18% per annum from the date of incident and notice fee amounting to Rs. 360/ -.

(3.) THE complaint has been resisted by the Insurance Company on the ground that after receipt of the report of Mr. Sanjeev Agrawal, who had carried out only a preliminary survey, another surveyor Manmall Kasliwal and Sons was deputed to carry out the survey and ascertain the genuineness of the case of loss and process the claim. On examination of the survey report of the second surveyor dated 21.02.2000, it was noticed that the complainant had suffered similar loss just a few days earlier on 06.04.1998 and 07.04.1998, but the said loss was not disclosed to the Insurance company, while obtaining policy in question. It is also stated in the reply that though the instructions by the Government for obtaining the insurance cover were issued on 02.01.1998, no immediate steps were taken by the complainant to obtain the insurance cover and the policy was obtained only after the incidents of 06.04.1998 and 07.04.1998, wherein several bamboo coupes were destroyed by the naxalites, by putting them on fire.