SURESH KUMAR KHETWAT Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 14.9.2002 passed by the State Consumer Disputes Redressal Commission, Assam, in Appeal No. 98/2000, the assured (complainant) has filed this Revision Petition. The State Commission summarily dismissed the Appeal without considering the documents which were produced on record. Hence, we are required to re-appreciate the entire evidence produced by the parties.

(2.) Admittedly, there was heavy flood at the District Nagaon. The complainant was having a flour mill with godown for keeping the stock of wheat products, rice, mustard seeds, sugar, empty bags and similar other stocks. He had taken an insurance policy for a sum of Rs. 7 lakh on stock of goods. Undisputedly, the complainant has submitted a proposal form for having insurance coverage on 30.6.1993. Premium was also paid. However, for reasons best known to the officers of the Insurance Company, policy was given to the complainant only on 13.1.1994, i.e., long after the incident and that too only at the request of the complainant. This reveals how the officers of the Insurance Company are lethargic in discharge of their duties and not following the Code prescribed by the Insurance Regulatory Authority of India. It is to be stated that codification by the Regulatory Authority is only on the basis of various judgments of the Apex Court as well as the case law which was prevailing in England.

(3.) Apart from this aspect, after the flood, the Insurance Company appointed Surveyor who visited the spot on 4.10.1993, that is, after nearly 20 days from the date of occurrence, namely 14.9.1993. He verified the source of purchase and mentioned that it was from FSI and direct from the local open market. Books of accounts (including cash books, ledgers and stock registers) were also referred to by him and he mentioned that the same were properly maintained. Thereafter, he narrated that because of the torrential rains on 14.9.1993 at about 9.30 a.m., there was flood at Nagaon town and water stayed for 4 days inside the godown of the complainant; the drains were flooded; the road was inundated and the water level rose to a level of 15 inches from the stocks and the godown of the insured was submerged on 4.10.1993, he has counted the damaged bags and, according to him, the stock was so badly damaged that it was considered not fit for human consumption or for cattle-feed. He has also specifically mentioned that he requested the insured to inform the Medical and Health Officer, Nagaon Municipality for statutory inspection and that with the assistance of the labourers of the insured, the stock was segregated and the same was measured.