BAIJU LAL S/O BALAKRISHNAN, PROPRIETOR OF KAIRALI RUBBER TRADERS Vs. NEW INDIA ASSURANCE COMPANY LTD
LAWS(KERCDRC)-2010-4-6
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 22,2010

Baiju Lal S/O Balakrishnan, Proprietor Of Kairali Rubber Traders Appellant
VERSUS
NEW INDIA ASSURANCE COMPANY LTD Respondents

JUDGEMENT

- (1.) THE appellant is the complainant in CC. 420/05 in the file of CDRF, Kollam. The complaint filed stands dismissed.
(2.) IT is the case of the complainant that the premises owned by him wherein stock of raw rubber was kept got destroyed in fire on 21.1.04. The premises were insured under the Standard Fire and Special Peril Policy with the opposite party. According to him in the fire 5,000 kg. rubber sheets were destroyed. According to him there was a loss of 30 lakhs. The opposite party repudiated the claim on the ground that the policy covered only the stock of rubber kept in the godown.
(3.) IN the version filed, it is contended that the coverage is only with respect to the building No. VP XV1 238 used as godown for storing raw rubber sheets. It is pointed out that the surveyor has noted that the incident occurred not in the godown meant for stocking of raw rubber sheets but the building used as smoke house exclusively for processing rubber sheets. It is alleged that the godown was converted as smoke house against the policy conditions. The evidence adduced consisted of the testimony of PW1, Exts P1 to P4 and D1 to D7.;


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