N.S.V.PRASAD RAJU Vs. NEW INDIA ASSURANCE CO.LTD.
LAWS(APCDRC)-2003-2-15
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 26,2003

N.S.V.PRASAD RAJU Appellant
VERSUS
NEW INDIA ASSURANCE CO.LTD. Respondents

JUDGEMENT

P.RAMAKRISHNAM RAJU,PRESIDENT - (1.) THE complainant is a farmer and sole proprietor of M/s. Srinivasa Poultries, Veerampalem village, West Godavari District which is having a capacity of 40,000 birds (layers) which was established with the financial assistance of M/s. Vysya Bank Ltd., Tadepalligudem. The complainant had insured the poultry shed, poultry feed, eggs etc., under Policy No. 116610500 06189 dated 19.9.1996 for a period of one year for Rs. 60,38,000/ - by paying a premium of Rs. 18,793/ -.
(2.) WHILE so there was an unprecedented cyclone storm in Bay of Bengal which hit the coast in East Godavari District causing devastating loss to life and property in both the Godavari Districts. The complainants suffered extensive damage to his poultry sheds, feed and eggs apart from death of 1,000 birds. The complainant informed the opposite party Insurance Company through their banker on 7.11.1996. On 8.11.1996 the opposite party deputed one Mr. M. Venkateswara Rao who conducted preliminary survey. On 23.11.1996 one Mr. N. Prasad another Surveyor visited the farm of the complainant and conducted survey. He verified the stock position and initialled in the records.
(3.) THE complainant submitted his claim to the Surveyor claiming a sum of Rs. 9,92,692/ - towards loss of feed and eggs. However, the opposite party after long correspondence sent a voucher for Rs. 83,661/ - on 5.12.1997 towards full and final settlement. The complainant and his banker protested for the meagre settlement. The opposite party again sent another voucher for Rs. 1,01,559/ - as full and final settlement. The complainant and his banker did not accept the settlement. But the opposite party refused to pay the said amount since the complainant did not accept to sign the voucher as having received under full satisfaction. In view of the unreasonable attitude of the opposite party, the complainant suffered irreparable loss as he was constrained to pay heavy amounts as interest towards the loan account in the Bank. Hence the complaint. In the written version filed by the opposite party it is admitted that on 6/7.11.1996 there was a cyclonic storm which caused to the coastal areas. The complainant preferred a claim for the damage caused to his poultry farm under Policy No. 116610500 06189. One Mr. M. Venkateswara Rao conducted preliminary survey. Later Mr. N. Prasad was appointed to conduct a detailed survey. The insured chose to submit the claim form to the Surveyor directly and not to the opposite party Company. The Surveyor submitted his report on 8.10.1997 and the Company settled the claim at Rs. 83,661/ -. On the request of the Bank Manager and the insured, the claim was reviewed and the loss was assessed at Rs. 1,01,539/ -. Though the claim vouchers were sent to them, the insured chose to accept the payment ËœUnder Protest. Therefore, the claim could not be settled.;


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