ORIENTAL INSURANCE COMPANY LIMITED Vs. LAKSHMI RAM

JUDGEMENT

(1.) When this appeal came up for hearing, Dr. Sharma on behalf of the appellant submitted that the District Forum below fell into error in ignoring the plea of his client that the respondent had consented to accept Rs. 1,44,730 against the policy of Rs. 3,00,000, Rs. 56,621 against the policy of Rs. 1,00,000 and Rs. 24,860 against the policy of Rs. 50,000. In this behalf we may point out that it is an admitted case of the parties that the respondent had got insured building, excluding plinth and foundation for Rs. 3,00,000, specific items on the building, two storeys, used as shop were insured for Rs. 1,00,000 and another policy of Rs. 50,000 against which all kinds of hardware goods, paints were insured.

(2.) From the record as well as circumstances of this case, it is also established beyond any shadow of doubt that there was a flash flood at Chirgaon on the night of 11.8.1997. This resulted in vast portion of Chirgaon Bazar being completely washed away. Insured property of the respondent was admittedly situated in this Bazar. Perusal of the file of the Forum below shows that consent letters are there but are undated. Complaint was presented on 19.8.1998, therefore, it can safely be said that these consent letters are of a date prior to the presentation of this complaint. Another fact that needs to be noted here is that complaint was earlier allowed by the District Forum, however, vide order dated 26.5.2004 in Appeal No. 260/2003, case was remanded back to the said Forum for a decision afresh in terms of the appellate order. It is, thereafter, that the impugned order has been passed.

(3.) Execution of the consent letters to accept the amounts as aforesaid was disputed on behalf of the respondents. Alternatively, Mr. Ranjan urged that even if the plea of the appellant is accepted, still no exception can be taken to the impugned order as at no point of time the amount was either tendered to his client by the appellant or deposited before the Forum below. Thus, he prayed for dismissal of this appeal.