MIKIKUKI INTERNATIONAL Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) SH . Rajinikant Shantilal Gandh, the complainant, in this case, is the Proprietor of the firm M/s. Mikikuki International. It transacts the business of selling marble tiles. The complainant had stored his goods in 'Archana Kutir', Ground Floor, Vile Parle (West), Mumbai. The petitioner/complainant had obtained an insurance policy from the New India Assurance Co. Ltd., the OP.

(2.) DURING the subsistence of the policy, in the first week of July, 2006, there were torrential rains. Rain and flood water entered the godown of the complainant. The rain and flood water soaked the marble tiles. The Surveyor visited the spot on 06.07.2006 and 11.07.2006.

(3.) THE complainant claimed an amount of Rs. 7,32,646/ - , but the Surveyor in his report allowed the claim in the sum of Rs. 4,34,107/ - only. The insurance company awarded a sum of Rs. 1,98,652/ -, after deducting a sum of Rs. 2,25,000/ - towards salvage. The complainant declined the offer made by the insurance company to accept the sum of Rs. 1,98,652/ -, in full and final settlement of the claim.