(1.) M/s Sky Industries Dahkora Road, Bahadurgarh, transacts the business of manufacturing of Alumina Ferric used purification of Potable Water. During the night of 19th September 2005, due to heavy storm and rain, whole working shed of factory with finish stock of Alumina Sulphate Solid liquid and other chemicals lying in the shed were totally destroyed. Intimation was given to the police as well as the New India Assurance Company Ltd., the insurer. The complainant company suffered a loss of Rs.14,52,000/-. The complainant re-assessed and filtered the destroyed materials and in this way, the loss came down to Rs.8,98,960/-. The claim of the complainant company could not be settled and therefore, the case was filed with the District Forum.
(2.) The case was contested by the OP. The principal plea set up by the OP was that the complainant has settled the matter fully and finally vide letter of consent dated 20.02.2006, Ex.R-8, which runs as follows:-
(3.) The surveyor also came to the conclusion that the complainant had suffered the loss in the sum of Rs.1.20 lakh.