NAWSAD SK Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17.04.2013 passed in the case No. 129/2005 by the Ld. District Forum, Murshidabad, by which the case has again been dismissed on contest against the OPs after remand also.

(2.) HIGHLY aggrieved and dissatisfied as such by the said impugned order, the Complainant thereof has come up with this appeal.

(3.) IT is the case, in short, of the Complainant that he has been carrying on hotel business on Plot No. 6653 of Mouza Gopejan, P.S. Berhampur Town, Murshidabad. Accordingly, he purchased 32 (thirty two) wooden chairs, 08 (eight) dining tables, 04 (four) pieces of cots, pillow, mattress, etc., and cooking utensils at a total price of Rs.1,01,061/ - (Rupees one lakh one thousand sixtyone) only with financial assistance from the OP No.2, being Loan Account No. N/D/SSI/188/98. But, in the month of September, 2000, by a devastating flood, all the cooking utensils, pillows, mattress, chairs, tables, dining tables, cots, etc., were washed away, causing thereby a loss of Rs.1,01,061/ -. Such items/articles were insured with the OP No.1 covering risk of flood, fire, theft, burglary, riot, etc., which was done by the OP No.2 on his behalf, and the premium was so paid to the OP No.1 by the OP No.2. And, the insurance policy and the receipts of the premium were with the OP No.2. Accordingly, he lodged an F.I.R. with I/C, Berhampur P.S., made under G.D.E. No. 1517 dated 24.11.2000. As he came to learn that the OP No.1 negligently did not pay the premium, the OP No.2 would not be liable to pay the compensation and refused the claim of insurance for such laches of the OP No.1, and in such an event, the OP No.2 would be liable to pay the compensation for the loss. Accordingly, the case.