(1.) THIS appeal has been filed by the appellant -Insurance Company, against the order passed by District Forum, Sirmaur at Nahan, on 09.09.2009, in Consumer Complaint No. 121/2006. While allowing the complaint, following direction has been issued: -
"7. Even now, when the fire which took place in the premises of the complainant occurred on 15.02.2006, whereas, Annexure C -2, was prepared on 05.02.2006, hence, the value of the stock in trade as detailed in Annexure C -2, also cannot provide a safe parameter in adjudging the exact compensation payable to the complainant. Therefore, it is deemed fit, just and equitable that after, reducing from the value, of the stock in trade lying in the premises of the complainant, as detailed in Annexure C -2, the average per day of the sales conducted by the complainant from the stock lying in the premises of the complainant from 05.02.2006 till 15.02.2006, the, outstanding sum shall become the amount payable to the complainant for loss suffered by the complainant in the incident. Hence, the said sum so arrived at, is, as such, payable to the complainant by the OP -Company along with interest, at the rate of 9% per annum with effect from the date of filing of the complaint, i. e. 07.12.2006, till making entire payment of the sum, along with litigation cost, which is quantified at Rs. 3500/ -. This order shall be complied with, by the OP -Company within a period of forty five days, after the date of receipt of copy of this order. With this, the complaint stands disposed of in the above terms. The learned counsel for the parties undertook to collect the certified copy of this order from the office, free of cost, as per rules. The file after due completion, be consigned to record room. "
(2.) RESPONDENT filed complaint before District Forum below alleging therein that it was running an industrial unit for manufacturing of raxin school bags, ordinary bags, cycle seat covers etc. This unit was being run in hired premises of M/s Umesh Industries, Pvt. Ltd. , at Kala Amb, Tehsil Nahan, District Sirmaur.
(3.) UNIT of the respondent being insured in the sum of Rs. 2 lacs for plant and machinery etc. and for Rs. 5 lacs for the stock in trade etc. is admitted between the parties. Total insurance cover in the sum of Rs. 7 lacs was for complete plant and machinery, stitching machines, furniture and fixtures, similar type of other goods of insured; and raw material, finished, semi -finished and goods in process such as raxin, CC. fabric, tarpaulin etc. lying or stored in the premises of the insured.
From the record, it appears that earlier the respondent was operating from Suketi Road, Nangal, Post Office Kala Amb, District Sirmaur. However on 15.02.2006 when fire broke out in the industrial unit, address given in cover note annexure -C was - "C/o Umesh Industries, Nahan Road Kala Amb, District Sirmaur, Himachal Pradesh". In context of this annexure, it may be noted that policy period was 00:00 hours on 30.09.2005 to midnight of 29.09.2006.;