NEW INDIA ASSURANCE CO LTD Vs. K VISWANANDHAM

JUDGEMENT

(1.) The complainant, who is the respondent in this appeal, insured the limekiln with the opposite party for a sum of Rs.70,000/- covering the godowns for a sum of Rs.35,000/- and machinery for Rs.25,000/-. According to him, damage was caused to the limekiln, which collapsed on 19.9.1991 when the lime was burning, due to heavy rains on 21 and 22.9.1991. He incurred the loss of Rs.50,000/- due to collapse of limekiln and Rs.30,000/- for damage caused to the godowns.

(2.) The claim was mainly opposed on the ground that the limekiln collapsed due to heat and was covered as per exclusion in Clause (c), that therefore, the Insurance Company is not liable to pay and it has rightly repudiated its liability.

(3.) Before the District Forum, the complainant examined himself as PW1. No documents were marked. On behalf of the opposite party Exs. B2 to B5 were marked.