RAJESH KR CHOUDSURY Vs. UNITED INDIA INSURANCE CO

JUDGEMENT

(1.) This appeal at the instance of the plaintiff- appellant is directed against the impugned judgment and decree dated 06.01.97 passed in Money suit No. 108 of 1991 by the Learned Additional District Judge, Nagaon dismissing the suit.

(2.) The plaintiff-appellant filed the suit in the court of Assistant District Judge at Nagaon for realization of Rs. 6,13,596/- and for payment of interest @ 18% per annum till payment of the decreetal sum, with cost of the suit.

(3.) The case of the plaintiff-appellant, in brief, as averred in the plaint is that he was running the Chaparmukh Rice Mill, being the owner, which comprises the mill buildings and premises alongwith stock of mill were insured with the United India Insurance Co. Ltd., the defendant at Nagon Branch, Haiborgaon, Assam bearing policy No. 130101/11/02989 for an amount of Rs. 10,00,000/- which was valid from 01.03.89 to 28.02.90 upto 4 P.M. The said policy covered risks including flood and inundation amongst others. The plaintiff-appellant had further averred that during the subsistence of the policy there was devastating flood from 31.07.89 to 08.008.89 causing serious loss and damage to the properties of the plaintiff and accordingly he had issued a communication to the company at Haibargaonon 01.08.1989 informing the said devastating flood and its consequential damages suffered and requested to depute its Surveyor or representative for spot verification to assess the damages. In pursuance to the said communication dated 01.08.89, the defendant company had sent its surveyor to survey the spot and to assess the quantum of damage suffered by the plaintiff. The survey submitted its report accordingly. But the defendant company did not make nay payment and hence the suit for recovery of amount of Rs. 6,13,596/- with interest.