DURGA ENTERPRISES Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) -THE appellant was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondent Insurance Company.

(2.) VERY briefly stated the facts of the case are that the complainant which is a partnership firm had obtained an insurance cover for Rs. 9 lakh on 12. 12. 1996 and the premium was paid. It was the case of the appellant/complainant that during the night between 22nd and 23rd September 1997, an episode of fire devastated the entire goods and material along with original stocks of the complainant which included the original records, accounts book, Bank accounts ledger etc. The matter was reported to the Police, Fire Brigade as also to the respondent. The respondent Insurance Company on receipt of intimation appointed a surveyor who did not submit report, in view of which another surveyor was appointed, who assessed the loss at Rs. 6,78,005. Not being satisfied with this, respondent appointed another surveyor, who estimated the loss at Rs. 5,56,000. Respondent also appointed investigator, yet the respondent repudiated the claim. It is in these circumstances, a complaint was filed before the State Commission, who after hearing the parties and perusal of material on record directed the respondent to pay an amount of Rs. 1,05,000 along with interest @ 9% p. a. with effect from 1. 10. 1997, which was rounded off to Rs. 55,000, hence the respondent was directed to pay Rs. 1,60,000 within one month. Not satisfied with this relief the appellant/complainant has filed this appeal before us.

(3.) WE heard the learned Counsel for both the parties and have gone through the material on record. The question of insurance coverage for the fire risk is not in dispute. What is in dispute is the material produced by the appellant/complainant before the surveyor as well as before the Insurance Company.