NATIONAL INSURANCE CO LTD Vs. SHEIKH MOHD YASEEN

JUDGEMENT

(1.) THIS appeal is by opposite party/insurer-the National Insurance Company Ltd. which has been directed by the Forum below (D. F. , Balaghat) to pay to respondent-insured compensation Rs. 1,43,340 with interest @ 9% p. a. from the date of complaint, besides cost Rs. 140.

(2.) THE compensation is awarded for the loss allegedly caused by fire to the stock of waste cotton of the respondent-complainant insured with the appellant-Insurance Company for a sum of Rs. 1,50,000 for the period from 11. 3. 1999 to 10. 3. 2000. The godown of the respondent is situated at Balaghat. The fire in question broke out some time in the afternoon of 26th May, 1999 about which report was lodged with the police and fire brigage as also with the appellant-Insurance Company. The Surveyor appointed by appellant-Insurance Company vide his report dated 5. 8. 1999 assessed the loss at Rs. 21,143 and after making deductions under excess Clause Rs. 10,000 and Rs. 7,402 for salvage advised the Insurance Company to pay to complainant net compensation Rs. 4,041. However, the offer made by the appellant-Insurance Company to respondent in this regard was rejected by the latter who approached the Forum below claiming th entire compensation. The claim was resisted by the appellant which reiterated its offer in terms of the assessment of loss made by the Surveyor. However, the Forum below accepted the respondent's claim and passed order as aforesaid.

(3.) WE have heard Mr. G. K. Shrivastava, learned Counsel for appellants and Mr. V. K. Saxena, learned Counsel for respondent and also gone through the evidentiary material on record.