ORIENTAL INSURANCE CO. LTD Vs. PARASHURAM PRABHAKAR UPARKAR

JUDGEMENT

(1.) This appeal arises out of order/award dated 10/05/1999 passed in consumer complaint no.37/1997, Shri Parshuram Prabhakar Uparkar V/s. The Oriental Insurance Co. Ltd. by District Forum, Sindhudurga(Forum below in short).

(2.) Respondent/org.complainant (hereinafter referred as respondent) had taken a Fire Policy A from the appellant/org.opp.party (hereinafter referred as appellant). Said policy was valid for the period from 15/11/1994(10.00 a.m.) to midnight of 14/11/1995. Under the said policy Xerox machine (Cannon make) valued at Rs.1,10,000/- and Furniture and other contents and stationery etc. valued at Rs.11,500 total amounting to Rs.1,21,500/- were insured. On 06/05/1995 there was fire broke at the establishment of the respondent and in which his Xerox machine(Cannon Make) got gutted. Insurance claim was made but it stood repudiated by the appellant referring to the exclusion clause 6 of the Fire Policy A. Feeling aggrieved thereby consumer complaint was filed. The complaint stood partly allowed directing the appellant to pay total sum insured of Rs.1,21,500/- along with Rs.1,000/- towards compensation for mental harassment. Feeling aggrieved thereby, the insurance company filed this appeal.

(3.) At the time of hearing, the appellant and its Counsel remained absent. It may be pointed out that one Mr.BabalooKumar tried to represent Adv.Anand Kumar, but he is unauthorized person and Vakalatnama of Shri Anand Kumar is also not in record. Advocate on record for the appellant are Mr. and Mrs.Pandit. They are absent.