ORIENTAL INSURANCE CO LTD Vs. MODERN INSULATORS LTD

JUDGEMENT

(1.) Appellant was the opposite party before the State Commission, where the respondent M/s. Modern Insulators Ltd. had filed a complaint alleging deficiency in service on the part of the appellant Oriental Insurance Company Ltd.

(2.) Very briefly the facts of the case are that the respondent/complainant had obtained a 'Marine-cum-Erection Policy with regard to installation of 73 M3 kiln with furniture for an amount of Rs. 7,23,00,000 and Rs. 1,00,000 for third party risk. The Policy covered risk during transit, storage, erection, trial and testing period. It was the case of the complainant that when the kiln M3 was loaded on 9.9.1986 with insulators for trial and testing and when after fire cycle and cooling, the kiln door was opened, two cars were found collapsed, resulting into furniture losses. The matter was reported to the appellant who appointed a surveyor who went to the spot and assessed the loss sustained at Rs. 1,32,517.76, yet this claim was not getting settled, hence a complaint was filed before the State Commission. The complaint was resisted by the appellant/opposite party. After hearing the parties and keeping in view the provisions of the Policy, the complaint was allowed and the appellant was directed to pay Rs. 1,32,517.76 along with interest @12% p.a. from 17.9.1986 till the date of payment along with cost of Rs. 10,000.

(3.) Aggrieved by this order, this appeal has been filed before us.