Madan B. Lokur, J. - (1.) The question arising in the first appeal directed against the judgment and order dated 23rd April, 2007 passed by the National Consumer Disputes Redressal Commission (for short 'the National Commission') in Original Petition No. 161 of 1996 is whether the claim of the respondent for goods insured, was rightly accepted (though in part) by the National Commission . Our answer to this question is in the affirmative and we find no reason to interfere with the decision of the National Commission.
(2.) The respondent Hindustan Safety Glass Works Ltd. (for short 'the insured') had taken out two policies with the appellant National Insurance Company, both dated 29th August, 1990 for a period of one year which were subsequently renewed for another year. The first policy was for an amount of Rs. 4.9 lakhs to cover the risks on office building, residential quarters and canteen etc. in Calcutta. The second policy was for an amount of about Rs. 5.7 crores to cover the risks on building, machinery, finished and semi finished stocks, store, furniture, wiring and fittings etc. in its factory/works in Calcutta. The policies included damage or loss due to flood and inundation.
(3.) There is no dispute that on 6th August, 1992 there was heavy incessant rain in Calcutta resulting in heavy accumulation of rain water inside and around the factory/works of the insured. According to the insured, there was considerable damage to raw materials, stocks and goods, furniture etc. As a result of the damage suffered by the insured and in terms of the two policies taken out with National Insurance, claims were filed by the insured on 7th and 8th August, 1992 claiming a total amount of about Rs. 52 lakhs.;