RATHURI NIWAS Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The facts of this case are similar to the facts in the case of O.P. No. 58 of 1993. This is also a claim arising out of the damage caused to the hotel building known as Rathuri Niwas as a result of the earthquake in Uttarkashi which took place on October 19/20, 1991. Hotel Rathuri Niwas is a registered partnership firm which has started business with the financial assistance of the U.P. Financial Corporation. The entire building was mortgaged to it. The hotel was insured under a policy called "the Fire Policy A' from the New India Assurance Co. Ltd. for a sum of Rs. 30 lakhs.

(2.) As a result of the earthquake which took place in the night of October 19/20, 1991 extensive damages were caused to the hotel building. By a letter dated October 20, 1991, the Insurance Company was informed of the damage. The Insurance Company deputed M/s. Adarsh Associates to carry out the survey and also Shri R.N. Choudury, Ex-General Manager, (Engineering), National Industrial Development Corporation Ltd. to survey the damage caused to the building and make a report.

(3.) According to the report given by R.N. Choudury on 26.10.1992 loss was of Rs. 2,09,731.28 Ps.