GFC HOSPITAL Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Present complaint has been preferred by complainant seeking following reliefs:-

(2.) In brief, complainant took a Standard & Special Perils Policy from the Opposite Party in the name of 'GFC Hospital' for a premium of Rs.51,226.00 for the period 29/7/2016 to 28/7/2017, for an assured sum of Rs.9,81,95,583.00. The policy was renewed for the period 29/7/2017 to 28/7/2018 against premium of Rs.60,603.00. Due to a devastating flood on 27/7/2017 at Ghatal, Midnapur caused by breach in Shilabati River embankment, the flood water entered into the ground floor of the Hospital causing damage to assets, materials and properties within the Hospital. A certificate was issued by Councilor, Ghatal Municipality dtd. 12/8/2017, certifying the flooding of the Hospital. Complainant also informed the Manager of the Opposite Party vide e-mail dtd. 29/7/2017, whereupon, a Surveyor was appointed for inspection by OP. A claim dtd. 23/8/2017 was further submitted by the complainant claiming loss of Rs.48,79,992.00, whereupon another Surveyor, namely, Sh.Subhasish Das and, thereafter, Surveyor Souren Chatterjee was appointed to assess the loss. The Surveyor visited the Hospital situated at Kushpata, P.O. Ghatal, Midnapur (West), Dist. Medinipur, West Bengal. Also, joint minutes of the meeting of the Surveyor with complainant were prepared on 25/10/2017. Further, in response to letter issued by the Surveyor asking for some documents on 13/9/2017, a communication was addressed by the complainant on 14/9/2017. Also, documents as detailed were forwarded vide letter dtd. 14/11/2017. Getting no response from the Opposite Party complainant initiated repairing of damaged "C" Arm machine on his own. However, since it was advised to replace the machine due to extensive damage, an intimation was forwarded to the surveyor vide letter dtd. 25/11/2017. Having failed to get a favourable response from the Opposite Party despite several communications, present complaint has been preferred claiming loss of Rs.46,69,687.00 with interest @ 18% p.a. along with costs and compensation for harassment and mental agony.

(3.) During the course of proceedings since the Opposite Party relied upon repudiation of claim vide a letter dtd. 25/7/2018 as per the stand taken in the written version, the amended complaint was filed by the complainant in terms of Order dtd. 24/8/2018, passed by this Commission.