MANJUNATHA TILE FACTORY Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Appellant was the complainant before the State Commission where he had filed a complaint alleging deficiency in service on the part of the respondent Insurance Company, which was dismissed, hence this appeal.

(2.) Undisputedly, the facts of the case are that the appellant/complainant owned a tile factory whose machinery, building was insured with the respondent company for the period 16.11.1990 to 15.11.1991. It is the case of the complainant that on the night of 10.2.1991 the factory building was got damaged by explosion. This episode was reported to the Police, Fire Brigade as well as to the opposite parties. The spot Surveyor was appointed by the respondent company and then a survey was carried out by M/s. J.B. Boda Surveyors, who as per the complainant assessed the loss at Rs. 4,00,000 but the claim of the respondent was repudiated on 12.12.1991 stating that "Collapse" of the building does not fall within the purview of the policy. It is in these circumstances that a complaint was filed before the State Commission, who after hearing the parties and by a detailed order dismissed the complaint. Aggrieved by this order, this appeal has been filed before us.

(3.) We heard the learned Counsel for the parties at some length. The basic contention on which the whole case depends is a question whether it was a case of 'explosion' or it was a simple case of 'collapse?