HIMACHAL PHARMACEUTICALS LIMITED Vs. ORIENTAL INSURANCE COMPANY LIMITED
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Himachal Pharmaceuticals Limited
ORIENTAL INSURANCE COMPANY LIMITED
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(1.) WE have heard the learned Counsel for the parties at length and certain clarifications which were felt necessary were also provided by Shri Balwinder Singh of the Surveyors -Firm when order was reserved on 17.8.2009.
(2.) EXCEPT for quantum of damage sustained as a result of the fire that broke out in the Unit of the complainant on 25.10.2005, other facts regarding the sum insured as well as what was insured are not in dispute. Total assets of the complainant were admittedly insured in the sum of Rs.2,18,00,000/ - under a valid policy of insurance on 25.10.2005. Break up of the insured assets is as under: -
(a) Factory building and machinery were insured in the sum of Rs.82,00,000/ -,
(b) Stocks of medicines were insured in the sum of
(c ) Administrative Block was insured in the sum of Rs.20,00,000/ -, and
(c) Extraction Plant was insured for Rs.26,00,000/ -.
(3.) IT was also not disputed on behalf of the parties that fire did break out on 25.10.2005 causing damage to the insured assets. After fire, intimation was given to the opposite party vide Annexure A.2 on 26.10.2005. Amongst other things, it was mentioned that estimated loss was of about 8 -10 lacs, exact amount of loss was to be known subsequently. A request was made to appropriate (appoint?) the Surveyor immediately. Pradhan of the Gram Panchayat also confirmed the fire who certified that there was no loss of life and of property. Per him loss was informed in the estimated sum of Rs.8 -10 lacs. Complete details of the loss would only be known after accounts. Report of fire is also recorded vide Report No.15 of 26.10.2005, at Police Station, Indora, District Kangra.
Now the dispute starts. According to complainant extent of loss sustained by him was in the sum of Rs.20,19,689/ - as detailed below: - 1. Loss to Stock Rs.17,40,000/ - 2. Loss to Laboratory Chemicals Rs. 31,390/ - 3. Loss to Electrical and Testing Rs. 33,645/ - equipments. 4. Loss to Glass apparatus Rs. 1,79,408/ - 5. Loss to Glass apparatus in boxes Rs. 5,246/ - 6. Loss to building, colour, paint, Rs. 30,000/ - tiles, electricity fitting. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total Rs.20,19,689/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Whereas according to the opposite party, it was in the sum of Rs.1,07,447.47P. Since there was bank clause, this amount was offered by the opposite party to the banker of the appellant. On having been informed regarding the amount having been tendered by the opposite party to the banker, complainant asked the banker not to accept it. Thus the amount was returned to the opposite party.;
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