NATIONAL INSURANCE COMPANY LTD. Vs. TIRUPATI HOSIERY (P) LTD.
NATIONAL INSURANCE COMPANY LTD
TIRUPATI HOSIERY (P) LTD
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C. Viswanath,J. -
(1.) The present Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short the Act ) has been filed by the Petitioner against the order of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (for short the State Commission ) in First Appeal No.487/2014 dated 25.07.2016.
(2.) Briefly put, facts of the case are that the Respondent/Complainant took Standard Fire and Special Perils Policy for its factory valid from 26.06.2012 to 26.06.2013 for a sum assured of Rs.60 lakhs. A fire accident took place while a workman was working on the machine at about 1.00 am on 11.07.2012. Fire broke out from panel board of a machine. As the fire was extinguished within a very short time, neither police nor the fire authorities were informed about the occurrence of the fire. Insurance Company was intimated of the loss on 11.07.2012 itself, whereby they appointed surveyor Sri Saradindu Patranabis, who submitted the report on 21.09.2012 assessing the net amount payable at Rs.1,36,389/-. The Insurance Company repudiated the claim of the Complainant vide letter dated 13.12.2012 stating that the cause of loss was not covered under the policy, it was excluded under the general exclusion clause No.7 of the policy. Having received no further response from the Petitioner Company, complaint case was filed before the District Forum with the following prayer: -
It is, therefore, humbly prayed that your honour would graciously be pleased to order upon the opposite parties to make payment of the amount of claim of Rs.1,36,389/- with costs and expenses incurred plus interest @ 12% p.a. from the d ate of claim lodged upon the insurer plus compensation totalling to Rs.1,97,389/- and also the additional costs as deem fit and proper by Hon ble Forum and also other relief or reliefs the Hon ble Forum may further deem fit and proper.
(3.) The Petitioner/Opposite Party contested the Complaint that police and fire authorities were not informed about the occurrence of the fire and having taken the survey report into account, the surveyor having confirmed the non-admissibility of the claim, the claim had been repudiated as per exclusion clause No.7 of the policy.;
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