NEW INDIA ASSURANCE CO. LTD. Vs. KESHODWALA FOODS

JUDGEMENT

(1.) This appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act') in challenge to the Order dtd. 9/6/2014 of the State Commission in complaint no. 13 of 2010 whereby the complaint was partly allowed.

(2.) We have heard the learned counsel for the appellant (hereinafter referred to as the 'insurance company') and the learned counsel for the respondent No. 1 (hereinafter referred to as the 'complainant firm') and perused the record including inter alia the impugned Order dtd. 9/6/2014 and the memorandum of appeal.

(3.) The facts in brief are that the complainant firm had taken insurance policy for a sum insured of Rs.3,00,00,000.00 from the National Insurance Company Ltd. for the period from 11/12/2006 to 10/12/2007 and another insurance policy for a sum insured of Rs.7,00,00,000.00 from the appellant insurance company for the period from 25/5/2007 to 24/5/2008 as also another insurance policy from Tata AIG General Insurance Company Limited for a sum insured of Rs.3,00,00,000.00 for the period from 30/8/2006 to 29/8/2007 towards the damages to the complainant firm' goods, stock, plant, machinery etc. It is alleged that due to flood / inundation during the period between 6/8/2007 and 9/8/2007, the stock and plant and machinery of the complainant firm were damaged. The complainant firm intimated about the same to the insurance companies. The Tata AIG General Insurance Company appointed a surveyor to assess the loss. It is alleged that the Tata AIG has paid the claim but the appellant insurance company has not paid the claimed amount to the complainant firm.