INDIA EDUCATION TRUST Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This complaint has been filed by the complainant, India Education Trust against the OPs. The complainant trust is having its three units namely, Mahatma Gandhi Medical College, Mahatma Gandhi Dental College and Mahatma Gandhi Hospital functioning at Sitapura RIICO Industrial Area, Jaipur. In neighbourhood of the units of complainant trust, a Depot of Indian Oil Corporation also exists since years together. On the fateful day 29.10.2009, a fire blast accident took place at the Indian Oil Depot causing huge loss to several properties in the Industrial Area including the building, plant, machinery and equipments of the complainant trust as well. Orally on 29.10.2009, and subsequently in writing on 30.10.2009, the complainant trust informed and conveyed the loss caused to all three units of the complainant in the fire blast accident. A report to this effect was also lodged by the complainant trust with the police station, Sanganer, Jaipur stating therein all the facts. The complainant trust thereafter submitted its claim for compensation to the loss caused in the said accident of fire in its all three units comprising of total claim of Rs. 642.61 lakhs. The complainant as well as the OP insurance company appointed their surveyors respectively, who carried out the survey and prepared their reports regarding loss caused in the units of the complainant trust. The OP insurance company relying upon the survey report of its own surveyor though after a delay of total one year, accepted claim of Rs. 44,04,885/-instead of the total claim submitted by the complainant trust to the tune of Rs. 642.61 lakhs. The OP insurance company, however, imposed a condition asking the complainant trust to give in writing a power of attorney as well as a subrogation letter to the effect that in case any ad-hoc relief or any special subsidy is accorded by the State Government, the RIICO and the Indian Oil Corporation towards the loss caused to the complainant trust, that amount shall be payable not to the complainant trust but the OP insurance company shall have the right to get that amount. On the basis of this unwarranted condition, the OP insurance company has not released the amount of the compensation towards insurance claim to the complainant trust to the tune of Rs. 44,04,885/- and has acted highly in illegal manner adopting in unfair trade practice causing huge financial loss to the complainant trust.

(2.) The complaint was resisted by the OPs by filing written statement on the ground that insurance company had appointed a surveyor and the surveyor has assessed loss of Rs. 44,04,885/- and the insurance company had offered to pay this amount to the complainant subject to the complainant submitting a letter of subrogation and power of attorney. The complainant did not agree to this and therefore, the amount could not be paid. As there is no deficiency on the part of the insurance company and insurance company is ready to pay the amount assessed by the surveyor. The complaint has no merits and needs to be dismissed. Both the parties led their evidence by way of affidavits filed on 24.12011 and 24.8.2012 respectively.

(3.) Heard the learned counsel for both the parties and perused the record.