BATHLA LOTELS LTD. Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The complainant is engaged in the business of providing banquet services under the name and style of MH-One Resorts, at G.T. Karnal Road. The said banquet hall according to the complainant, consists of 24 rooms, 2 halls and 2 lawns. This is also the case of the complainant that 9 beautiful pandals are erected by it for social functions as per the requirements of guests using the pandal material available in the aforesaid complex of the complainant. A Standard Fire and Special Perils Insurance Policy was obtained by the complainant from the OP under the heading 'Cafes, Restaurants, Hotels, Confectioner and Sweet Meat Sellers as well as Health Resorts'. The description of the property covered under the policy reads as under:-

(2.) During a storm at about 4.30 p.m. on 30.5.2014, the property of the complainant allegedly suffered severe damages, as a result of which the pandals erected in its premises were brought down by stormy winds and got damaged. On intimation being given to the insurer, M/s B.S. Chawla And Co. was appointed as the surveyor to visit the premises and assess the loss. The surveyor submitted a report dated 12.9.2014 to the insurer, assessing the loss at Rs.3723390/-. Subsequently vide his letter dated 2.12.2014 the surveyor stated as under:-

(3.) Risk Description :