VISHNU TEX Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) IN this matter, in an unfortunate incident fire took place on 14. 10. 2002 and the complainant, who was running a factory of readymade garments and carpets, suffered a loss of Rs. 1,81,23,405. The complainant intimated about the incident to the Insurance Company and the Insurance Company appointed Surveyor. Mr. Avinash Sharma, Surveyor and Loss Assessor gave his final survey report on 29. 4. 2003 assessing the loss at Rs. 1,23,03,280. In terms of the Surveyor's report, a sum of Rs. 1,22,93,970 was paid to the complainant on 16. 10. 2003. It is contended that the complainant signed a receipt for full and final settlement of the claim under pressure and financial constraints, though a sum of Rs. 57,86,030 remained unpaid. On 15. 3. 2004, the remaining amount was demanded and thereafter a Legal Notice was also sent in the month of April 2004, alleging as under:

(3.) THE O. P. /respondent insurer, through that reply dated 4. 5. 2004 to the aforesaid Notice, denied all these allegations.