NEW INDIA ASSURANCE CO LTD Vs. AJIT SINGH S/O SARDAR SINGH AND ORS
LAWS(HPCDRC)-2010-1-3
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 04,2010

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Ajit Singh S/O Sardar Singh And Ors Respondents

JUDGEMENT

- (1.) APPELLANT -Insurance Company is aggrieved from the order passed by District Forum, Shimla camp at Nahan on 6.6.2007. By means of this order, Consumer Complaint No. 85/2004 filed by respondent No.1 has been allowed and the appellant has been directed to indemnify respondent No.1 in the sum of Rs 1,10,107/ - alongwith interest @ 9% per annum from the date of filing of the complaint, (i.e. 12.8.2004) till realization. Litigation cost has also been allowed in the sum of Rs. 2500/ -. Appellant has been directed to pay this amount within 45 days from the date of receipt of copy of the said order. Hence this appeal.
(2.) M /s Tip Top Rubber Factory of which respondent No.1 is a partner having obtained insurance cover from the appellant vide Annexure -A to the extent of Rs. 15 lacs all is admitted between the parties. Fire having broken out during the subsistence of the insurance cover on 4.7.2004 is again established as well as is also not in dispute.
(3.) NOW the dispute starts. According to respondent No.1 as a result of the fire, insured material of the value of Rs. 2.50 lacs was damaged whereas according to the appellant fire was the result of,"Spontaneous Combustion" which was not covered under the policy of insurance, as such it was not liable to indemnify the former. Matter was reported to the Police by respondent No.1, and he also lodged his claim with the appellant. According to him the surveyor deputed assessed the loss in the sum of Rs. 1 lac. The claim was not settled, this resulted in filing of the complaint seeking directions against the appellant to pay Rs. 2.50 lacs on account of loss, alongwith Rs 10,000/ - as compensation and litigation costs.;


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