ASSISTANT ENGINEER Vs. HANUMANT SINGH

JUDGEMENT

(1.) The present Respondent was Complainant in the complaint filed by him before the District Forum, Burdwan against the present Petitioner United India Insurance Co. Ltd ( for short Insurance Company). One more opposite party with whom the shop of the Complainant was mortgaged, was made Performa party but it is not now before us. The said shop including the Xerox machine and all other equipment i.e. stock in process, Remington typewriter, generator set was got insured by the Complainant with the Insurance Company under Policy No. 31800/01/- 01234. Lastly the policy was renewed for the period from 31st March, 1990 to 30th March, 1991. On the night intervening 26th and 27th June, 1990 (he said Xerox machine and other equipments were burnt. This fact was communicated to the Insurance Company on 28th June, 1990 by the Complainant. Subsequently, after receiving quotations towards repairing charges from competent agencies, a formal claim of Rs. 60,000/was lodged with the Insurance Company. After lapse of four months the Insurance Company sent a letter to the Complainant repudiating the claim on the ground that damage was not caused under the policy as per Exclusive Clause 6 of the Fire Policy. Thereupon the Complainant filed the complaint before the District Forum. According to the Complainant the damage was caused due to fire which was accidental in nature. He prayed for compensation.

(2.) The Insurance Company contested the complaint and filed a counter. The main ground was that the damage was caused to the Xerox machine and other appliances due to electrical short circuit and excessive heat which do not come under the scope of insurance cover. According to the Insurance Company it was not a case of fire.

(3.) After discussing the case in detail the District Forum held that the case did not fall under the Exclusion Clause No. 6 of the Policy and therefore, the Insurance Company was liable to indemnify the complainant in respect of the damage caused to his Xerox machine. The damage was assessed at Rs. 44,000/. Rs. 1,000/- as costs was also awarded to the Complainant. It may be mentioned here that while assessing the loss, the loss caused by damage to the switch board and electronic board of varies transformer was disallowed as it was caused by electric short-circuit.