ROYAL TYRE Vs. NATIONAL INSURANCE CO.LTD.
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NATIONAL INSURANCE CO.LTD.
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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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