NEW INDIA ASSURANCE CO LTD Vs. MEENA DEVI

JUDGEMENT

(1.) THE controversy in this case revolves around the dispute pertaining to Policy No. 352400/48/03/34/00001194 whereunder risk of stock in trade i. e. furniture, fixtures, fitting of Manoj Cement Block Works was insured in the sum of Rs. 3,50,000 for the period 3. 3. 2004 to 2. 3. 2005. So far stock in trade, etc. having been damaged as a result of flood on 7. 7. 2004 is concerned, it is not in dispute. When claim was not settled, complaint was filed by the respondent No. 1. Initially complaint was restricted to two policies, one was for plant and machinery only and the other was only about burglary.

(2.) STATE Unit of respondent No. 1 was financed by the Bank, it was added as opposite party No. 2 in the proceedings before the District Forum below. As financing bank, amongst other things, it pleaded that there was third policy whereunder stock in trade as above was covered. Details of the insurance policies have been mentioned in the preceding paras.

(3.) IN support of the claim made in the complaint, respondent No. 1 placed material on record wherefrom it is established that the goods of the value of Rs. 9,33,025 were in stock in trade that was lying at the time of flood. In this behalf we may also mention here that immediately after the incident, report was made by respondent No. 1 to the Police, Patwari Halqa as well as to the financier Bank and to other authorities, wherein damage sustained to the stock in trade was in the sum of Rs. 1,25,000 and to the Patwari it was given at Rs. 5,00,000.