NATIONAL INSURANCE CO LTD Vs. LALA RAM

JUDGEMENT

(1.) Respondent filed Complaint No.1/2007 before the District Forum, Mandi, against the appellant for deficiency in service in not settling his insurance claim, which has been allowed directing the appellant to pay a sum of Rs.39,000 for loss of his general merchandise and poultry feed along with interest @ 9% per annum from the date of institution of the complaint till payment with costs assessed at Rs.2,000.

(2.) Facts relevant for disposal of this appeal are being briefly noted. Respondent had obtained a policy in the sum of Rs.50,000 after obtaining financial assistance from Himachal Pradesh Gramin Bank. Insurance cover was in respect of Karyana and feed. Name of the Financier was also entered in this policy. Premium was paid and valid policy had been issued by the appellant. On the date of incident i. e.9.8.2006, the area where the premises of the respondent were located was lashed by heavy rains. As a result of it, his business premises were flooded on the intervening night of 9th and 10th of August, 2006 and were completely washed away. According to him, stock-in-trade, poultry feed, as well as poultry birds were completely destroyed. Thus, he suffered a loss of Rs.60,000. This loss was reported on 11.8.2006 to the appellant who deputed a Surveyor and Loss Assessor for assessing the loss. Respondent No.1 further claims that he had supplied necessary documents in support of his claim to the registered Surveyor as well as the appellant. Latter was dilly-dallying with settling the claim. This resulted in filing of the complaint under Sec.12 wherein above mentioned relief has been awarded in favour of the respondent and against the appellant.

(3.) After having heard learned Counsel for the parties and having examined the record of the case with their assistance, we find that no exception can be taken to the impugned order passed by the District Forum below for the reasons to be recorded hereinafter, and therefore the appeal was liable to be dismissed.