UNITED INDIA INSURANCE CO. LTD. Vs. PUSHPALAYA PRINTERS

JUDGEMENT

(1.) This revision petition is directed against the order of the State Consumer Disputes Redressal Commission, Andaman and Nicobar Islands, dated the 19th July, 1996. The facts giving rise to this petition may be briefly summarised as below.

(2.) The complainant, respondent herein, had a printing press of the name of Pushpalaya Printers which was insured with the opposite party. Insurance Corporation, for a sum of Rs. 4,10,000.00. The policy covered amongst others, impact by any rail/road vehicle or animals. The insurance policy was valid on 9th March, 1994 when the complainant suffered damages to the extent of Rs. 75,000.00 on account of damage to the building and the machinery (Rs. 15,000.00 and Rs. 60,000.00 ) due to the impact of the operation of a bulldozer of APWD engaged in connection with the road work very close to the said press of the appellant. The complainant claimed a sum of Rs. 75,000.00 from the respondent for the damage caused to his machinery and building.

(3.) The Insurance Company repudiated the claim on the ground that the loss occurred due to vibration created by the operation of the bulldozer which was nothing but a consequential effect not covered under the expression "impact by any rail or road vehicle or any vehicle". The complainant approached the District Forum claiming damages to the extent of Rs. 75,000.00. The District Forum after considering the relevant contentions of the parties dismissed the complaint for the reasons that the alleged wrong complained of by the complainant was not correct within the definition of deficiency in service.