NEW INDIA ASSURANCE CO. LTD. Vs. JAI KANWAR

JUDGEMENT

(1.) During the subsistence of the insurance policy, on 03.08.2004, due to floods, water entered into the showroom of the complainant, M/s. Shyam & Co. The goods of the complainant were damaged when the same were lying in the godown at Pindi House, Defence Colony, Ambala Cantt. The claim made by the respondent/ complainant was repudiated by the petitioner/opp.party. The defence set up by the insurance company/OP was that, those premises were of his son, in the name of M/s. Shyam & Co. Sales.

(2.) The District Forum and the State Commission have decided the case in favour of the complainant.

(3.) We have heard the counsel for the parties. The report of Sh.Rakesh K. Khanna, Surveyor & Loss Assessor, is crucial. He came to the conclusion that the stock belongs to M/s. Shyam & Co. Sales (complainant's son company) and not to M/s. Shyam & Co., the complainant/insured. The relevant extract of the report of the Surveyor, runs as follows :-