NATIONAL INSURANCE COM.LTD. Vs. C.N.HARIHARAN

JUDGEMENT

(1.) The above appeal is preferred against the order dated 16th September 2004 of the CDRF, Alappuzha in OPA 386/01. The complaint therein was filed by the respondent as complainant against the appellant (opposite party) claiming the insurance amount of Rs. 1,30,000 with further compensation and cost. The complainant alleged deficiency of service on the part of the opposite party in offering a sum of Rs. 17,872 as the compensation for the damage sustained to the insured building and the stock in trade. The opposite party National Insurance Company entered appearance and filed written version contending that the sum of Rs. 17,762 offered by the Insurance Company as damages is just and reasonable and that there was no deficiency of service on the part of the opposite party in settling the insurance claim put forward by the complainant. The Forum below accepted the case of the complainant to some extent and thereby directed the opposite party to pay a sum of Rs. 51,300 as the insurance claim with interest at the rate of 10% per annum from 1.12..2001 till payment. Aggrieved by the said order the present appeal is filed by the opposite party/ Insurance Company.

(2.) We heard the counsel for the appellant/opposite party and the respondent/complainant. The learned counsel for the appellant submitted his arguments based on the grounds urged in the Memorandum of the present appeal. He much relied on Ex. B1 survey report and the testimony of the surveyor as RW1 and canvassed for the position that the loss assessed by the surveyor was just and reasonable. On the other hand, the learned counsel for the respondent/complainant supported the findings and conclusions of the Forum below and requested for dismissal of the present appeal.

(3.) The points that arise for consideration are: