RAMDEV INDUSTRIES Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) Ramdev Industries, a partnership firm, the complainant, in this case, which was filed as back as, on 07.01.2000, might be the oldest case of this Commission, has claimed a sum of Rs.1,15,00,000/- as a fire broke out in their factory, situated at Plot No.2, Survey No.55, Vadisong, Nava Ranuja, Taluk Kalavad, District Jamnagar, Gujarat, against the OPs. The said fire gutted the main building, godown, office, open land and the goods kept therein. The complainant transacts the business of its product, Groundnut oil known as "Gopi Kishan". The factory premises and/or machineries installed in the factory situated at the above address are hypothecated with the Gujarat Industrial Co-operative Bank Ltd., OP3.

(2.) The factory was inaugurated on 09.03.1999 for production of ground nut oil. The necessary power supply was not made available from Gujarat Electricity Board. On 12.03.1999, the Complainant had purchased New Ashok make Diesel Engine and started production of oil. For convenience of and for office purposes, with the consent of adjoining factory Varudi Oil Mill, another connection from that factory was taken by the complainant firm.

(3.) On 26.03.1999, at about 10.30 PM, Sh.Rameshbhai L. Madhani, the partner of the complainant firm along with his father Sh.Lavjibhai Madhani, left the factory and went to sleep in the office of Varudi Oil Mill. At about 12.30 or 1.00 AM on the same night, (27.03.1999) one, Sh.Vithalbhai Patel and Rasikbhai Keshavbhai, another partner, went to the said office and informed regarding the fire in their factory. Rameshbhai L. Madhani and Lavjibhai Madani went to the factory and saw the devastating fire which had engulfed the entire factory, entire machinery and factory premises was blowing with massive fire. Information was given to the police. Fire brigade of Jamnagar also arrived. Two Tankers were used to control the fire, at about 1.45 or 2.00AM. Out of the two Tankers, one was carrying water and the other was carrying foam. The foam was used time and again, after refilling up the same from the Fire Station, which was 42 kms away from the site of accident. The other Tanker, filled with water, was refilled time and again from one agricultural field, about 3 kms away, from the site of accident. It took considerable time to extinguish the fire because the Tankers had to go to and fro. The fire could be extinguished after six hours of the incident, i.e. at about 8.00AM on 27.03.1999. Everything was reduced into ashes. The complainant's firm suffered huge damage and loss of about Rs.85.00 lakhs in that unfortunate incident.