ROYAL TYRE Vs. NATIONAL INSURANCE CO.LTD.
LAWS(APCDRC)-2003-3-16
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 12,2003

ROYAL TYRE Appellant
VERSUS
NATIONAL INSURANCE CO.LTD. Respondents

JUDGEMENT

P.RAMAKRISHNAM RAJU,PRESIDENT - (1.) THE complainant is trading in old tyres in the name and style of M/s. Royal Tyre at Nellore. He has taken insurance coverage for the tyres since 1994 renewing the policy from time to time. The second opposite party renewed the same from 5.6.1997 to 6.6.1998 for a sum of Rs. 14,50,000/ - after collecting premium of Rs. 6,603/ -. While so on the intervening night of 17/18.5.1998 the old tyres lying in the premises of the complainant caught fire. Immediately the fire service authorities were pressed into service to put off the fire. The first opposite party was informed, who deputed Mr. A. Syamal Rao, Administrative Officer of first opposite party along with Mr. D.S. Kamath, Surveyor on 19.5.1998. However the first opposite party offered a sum of Rs. 1,99,852/ - towards the loss suffered by the complainant. Though the copy of the survey report was sought for it was not furnished to the complainant. The complainant has not accepted the said amount and filed the complaint claiming a compensation of Rs. 14,00,000/ - together with interest at 18% p.a., Rs. 1 lakh towards inconvenience and costs of Rs. 10,000/ -.
(2.) IN the counter filed by the first opposite party while admitting the policy as well as the fire accident it is stated that they offered a sum of Rs. 1,99,852/ - and sent the discharge voucher to the second opposite party on the basis of the assessment made by the Surveyor. It is the complainant who failed to give the discharge voucher for the amount settled. Therefore, there is no deficiency in service.
(3.) THE complainant besides filing his affidavit evidence filed Exs. A -1 to A -17 while the opposite party No. 1 filed affidavit evidence through their Deputy Manager, Hyderabad besides filing Exs. B -1 to B -9. The point for consideration is whether there is any deficiency in service on the part of the opposite parties, if so, to what extent ?;


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