VISHNU CHEMICALS (P) LTD. Vs. NEW INDIA ASSURANCE CO.LTD.
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VISHNU CHEMICALS (P) LTD.
NEW INDIA ASSURANCE CO.LTD.
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(1.) C .D. No. 111/98 :
Mr. Justice P. Ramakrishnam Raju, President ''The complainant is a registered company engaged in manufacturing chemicals since 1989. It insured the material i.e., raw -material, semi -finished and finished stock in the factory and godown covering the risk of fire, perils, riots, etc., for Rs. 50,00,000/ - from 20.10.1996 to 19.10.1997 by paying a premium of Rs. 21,695/ - and obtained a policy bearing No. 11612200 1410 dated 25.10.1996 from the opposite party.
(2.) WHILE so on the mid -night on 26.11.1996 at about 11.00 p.m. Motor Liquor Storage tank collapsed and due to collapse of the tank and
leakage of motor liquor it flowed like flood in the raw -material after
processing in the manufacturing unit. The complainant informed the
Insurance Company, the very same night by phonogram followed by a letter
dated 27.11.1996. He also gave a police complaint on 27.11.1996 to the
S.H.O., I.D.A., Bollaram who conducted Panchanama. On intimation to the
Superintendent, Central Excise, Kazipally, R.R. District, he also
conducted Panchanama on 29.11.1996. The driver of the excavator
approached the police Station on 6.12.1996 and gave a report that the
accident was due to his rash and negligent driving of the driver of the
excavator loader and he was absconding from that date due to fear.
(3.) THE complainant submitted that claim forms claiming an amount of Rs. 15,39,000/ - against the opposite party. The opposite party
appointed a Surveyor by name Mr. V. Nageswar Rao who visited the factory
and collected the relevant documents. But the opposite party repudiated
the claim arbitrarily. Hence the complaint claiming Rs. 15,39,000/ -
together with interest and damages, etc.
The opposite party filed counter affidavit through their Administrative Officer wherein while admitting the insurance policy
however it is stated that on receipt of telegram from the complainant
they have appointed one Mr. D. Chennaiah to conduct preliminary survey
who submitted his report on 9.12.1996 stating that he examined the
collapsed storage tank on 27.11.1996 and found that one of the 4 M.S.
Channel patched up legs got broken under its own weight and the tank
collapsed with the contents, that the complainant, therefore, could not
establish that the loss occurred due to any accident and as such its
claim was repudiated. There is no deficiency on their part and the
complaint is liable to be dismissed.;
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