JAYCO INDUSTRIES Vs. NATIONAL INSURANCE CO 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-National Insurance Company (hereinafter referred to as Insurance Company).

(2.) Undisputed facts of the case are that the appellant is a partnership firm and is engaged in running a ginning factory at Village Mitdi, Taluka Manavdar, District Junagarh since 1997. It had obtained an insurance policy to cover the risk of factory building, machinery and compound wall for Rs. 23 lakh and subsequently they were getting renewed from time-to-time and it was renewed for the period 14.12.2000 to 13.12.2001 for covering the risk of factory building for Rs. 15 lakh, compound wall for Rs. 4 lakh and machinery for Rs. 13 lakh with covering the risk of fire, earthquake, etc. There was an earthquake at about 8.40 a.m. on 26.1.2001 causing extensive damage to the property. Matter was reported to the respondent Insurance Company, who appointed a Surveyor, who assessed the loss and based on which offer was made to settle the claim at Rs. 2,13,500, which was not acceptable to the complainant as according to his own Surveyor he was entitled to Rs. 19,63,761.25 . It is in these circumstances that a complaint was filed before the State Commission, who after hearing the parties and perusal of material on record, especially the Surveyor report filed by both the parties, allowed the complaint and directed the respondent to pay Rs. 11 lakh along with interest @ 9% p.a. from the date of complaint till realisation along with cost of Rs. 10,000. Not satisfied with this relief, this appeal has been filed before us.

(3.) We heard the learned Counsel for the appellant at some length and perused the material on record. The only controversy is with regard to quantum of compensation to be awarded to the appellant/complainant. While the Insurance Company had offered to settle the claim at Rs. 2,13,500, the complainant wanted Rs. 19,63,761.25. based on the report of the Surveyor appointed by him.