UNITED INDIA INSURANCE CO LTD Vs. VISHAL EMPORIUM

JUDGEMENT

(1.) Heard.

(2.) Brief facts are that Respondent/Complainant is running trade and business sunder the name and style of M/s. Vishal Emporium and obtained comprehensive insurance cover for a sum of Rs.2 lacs after paying a premium of Rs.989/- to Petitioner/Opposite Party regarding his furniture show room which was valid w.e.f. 12.4.2002 to 11.4.2003. On 13.4.2002, an accidental fire broke out and due to that show room of respondent was gutted and it caused loss of lacs of rupees. The matter was brought to the notice of petitioner, but despite several requests and notice dated 29.6.2002, it remained pending with the petitioner. Ultimately, on 23.6.2003 a sum of Rs.1,40,620/- was paid, which was received by the respondent under protest. Grievance of respondent is that, despite insurance cover of Rs.2 lac, petitioner paid Rs.60,000/- less. Later on, respondent filed a complaint praying for direction to the petitioner to settle the claim and to pay a sum of Rs.60,000/- with interest @ 18% per annum w.e.f 13.4.2002, till realization alongwith litigation cost of Rs.5,000/-.

(3.) Petitioner contested the complaint and filed its written reply, stating that fire had broken in the upper room of the shop and loss was got assessed through competent surveyor. After completion of formalities, amount has been paid to the respondent. It is also alleged, that there is no protest for settlement of the claim.