ASHIK JITENDRA BHUTA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This order shall decide the above said four revision petitions, which arise out of the same order passed by the State Commission, dated 09.08.2010.

(2.) Sh. Ashik Jitendra Bhuta and Sh. Mehul Himmatlal Bhuta, the complainants, are the partners of Colorants, 222, Sagar Building, Prabhat Industrial Building, 102, W.E. Highway, Dahisar (W), Mumbai. They obtained a policy from the Oriental Insurance Co. Ltd., the OP. During the subsistence of the said policy, in the month of July, 2005, there were torrential rains in Mumbai and Suburb. The godown of the complainant was flooded with water and it damaged the stock of goods stored in it, worth the sum of Rs.7,51,952/-. The surveyor assessed the loss at Rs.6,60,982/- vide his survey report dated 06.07.2005. However, the Insurance Co. repudiated the claim of the complainant on the ground that godown was different from the actual location of the unit / factory, as stated in the insurance policy.

(3.) Although, the complainant claimed a sum of Rs.7,15,952/- along with interest @ 18% p.a., compensation in the sum of Rs.1,00,000/- and legal costs in the sum of Rs.50,000/- before the District Forum, yet, the District Forum partly allowed the complaint and awarded a sum of Rs.6,60,982/- with interest @ 9% p.a., Rs.7,000/- as compensation and Rs.3,000/- as costs.