JULISMON TARIANG Vs. NEW INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The case of the complainant, Smt. Julismon Tariang, is that due to cyclone, she suffered a loss in the sum of Rs.37,15,220/- and claimed interest @ 18% p.a.,, against New India Assurance Co. Ltd, the OP, vide this complaint filed in this Commission on 12.03.2001.

(2.) The complainant is a Proprietor of the Meghalaya Calcinates & Chemicals, a registered SSI Unit at Lumshnong, Jaintia Hills, Meghalaya, with its office at Upper New Colony, Laitumkhrah, Shillong. The said unit was set up in the year 1994 after having financial loan from MIDC and working capital loan from Punjab National Bank, Shillong. The Punjab National Bank had insured all the unit's plant and machinery, stock of lime, coal, etc., which also covered fire and earthquake risks with the New India Assurance Co. Ltd.. She paid the insurance regularly from 1995 onwards. On 24.09.1997, additional insurance cover was obtained by her for cyclone, tempest, tornado, hurricane, typhoon, flood and inundation.

(3.) It is explained that on 29.09.1997, there was continuous heavy cyclone as a result of which CGI sheets of the storage building were blown off and cyclonic rains damaged the entire stock of lime and caused heavy damage to the storage building. The Gramsevak was informed immediately. A report was also made to the New India Assurance Co. Ltd., the OP's Branch Office, vide letter dated 04.10.1997, when the rains/cyclone stopped. The complainant sent spot photographs of damage of storage godown and stock of lime, as required. The complainant was asked to submit assessment of damages with proof. The complainant contacted Sh. Y.N. Gautam, MIE, CE (Ind.) F.I. V (I) Chartered Engineer and approved registered valuer of lower lachumere, Shillong. Sh. Gautam verified the site and prepared detailed estimate of damages to the building and stock of lime, in the sum of Rs.37,15,220/-.