ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. RAMSAKHI GUPTA
LAWS(NCD)-2020-2-94
NCDRC
Decided on February 24,2020

ICICI LOMBARD GENERAL INSURANCE CO. LTD. Appellant
VERSUS
Ramsakhi Gupta Respondents

JUDGEMENT

V.K.Jain,J. - (1.) The complainant/respondent obtained an insurance policy bearing no.1001/0066099 from the appellant, for the period from 13.12.2006 to 12.04.2007. The said policy insured the warehouse building of the complainant to the extent of Rs.50 lacs and the stock kept therein to the extent of Rs.1 Crore. The case of the complainant/respondent is that due to hailstorm and heavy rains on 13.03.2007, the roof sheets of the warehouse building were extensively damaged and rain water which entered the warehouse, destroyed about 25% of the stock kept therein. The complainant claims to have suffered loss to the extent of Rs.36,83,955/-, in respect of the stock alone. This is also the case of the complainant that the damage to the building also caused them loss to the extent of Rs.6,41,268/- as was certified by one Sh. M.L. Gupta whom they had engaged for the purpose. Since the claim was not paid, the complainant/respondent approached the concerned State Commission by way of a Consumer Complainant seeking principal amount of Rs.43,25,223/- alongwith interest and compensation.
(2.) The complaint was resisted by the appellant which inter-alia stated in its reply that actual loss of the building was Rs.1,54,401/-. As regards the damage to the stock, it was stated in the written version that the damaged stock did not belong to the complainant, the same being owned by third parties and the insurance policies did not cover the goods held in trust.
(3.) The State Commission, vide impugned order dated 22.07.2011, directed the appellant to pay a sum of Rs.43,25,223/- to the complainant alongwith interest @ 8% per annum from the date of institution of the complaint. Being aggrieved, the respondent insurer is before this Commission by way of this appeal.;


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