JUDGEMENT
M. THANIKACHALAM J. -
(1.) The opposite parties are the appellants.
(2.) The facts necessary to decide the appeal briefly as follows:
The complainant/ respondent, who is engaged in job work contracts, and
expert in the garment industry, turning out fabric into finished
garments, based upon the requirement of others, had insured the stocks
fabric, garments, machineries, etc. with the opposite party, and the
premises being 1/20, GST Road, Singaperumal Koil, Kancheepuram District.
The sum assured was Rs.2.7 lakhs, for which, without default, premium
also paid.
(3.) On 12.10.2001, after work, the factory was closed at about 8.45 p.m.,
and the complainant left to his residence. At about 10.00 p.m., through
telephone, a friend informed, that there was fire in his factory, and
when rushing to the spot, he had noticed, that sizeable quantity of
stock, including the raw materials and finished goods, supplied by VVR
Apparels, and Unitex Fashions, also destroyed, in addition to the
finished goods, belong to the complainant. On the basis of the policy,
the complainant informing the opposite party, lodged a claim for
Rs.4,78,761.60/-, which was not at all considered by the opposite party,
despite number reminders orally, as well as through letters. The
inaction, on the part of the opposite party to indemnify the value of the
goods, caused mental agony, preceeded by deficiency in service, for which
alone the complainant is entitled to a sum of Rs.9 lakhs, which is
restricted to Rs.5,00,000/-. Thus as a whole, for the deficiency
committed, as well as for the goods damaged in the fire, the complainant
is entitled to a sum of Rs.9,78,761.60/-. Hence the complaint.;