- (1.) By this order we propose to dispose of the aforesaid two appeals. Civil Appeal No. 6892 of 2008 is filed by the New India Assurance Co. Ltd. as the appellant, whereas Civil Appeal No. 879 of 2009 is filed by M/s. Cargil India Pvt. Ltd. as a cross appeal. Since the facts and the issues involved in the two appeals are similar, we propose to dispose of both the appeals by this common judgment and order.
(2.) The appeals are filed against the judgment and order passed by the National Consumer Disputes Redressal Commission, New Delhi (for short, 'the National Commission') in Original Petition No. 146 of 2003, whereby the National Commission came to a definite conclusion that the loss suffered by the respondent (M/s. Cargil India Pvt. Ltd.) had occurred on account of fire causing damage to the soya bean stock and, therefore, as per terms of the policy, the respondent is entitled to receive Rs. 1,70,72,876/- which is the amount of loss assessed by the surveyor by report dated 29.10.2002 along with the interest @ 9% per annum from 1.1.2003 till the date of payment. The National Commission also directed for payment of cost of Rs. 25,000/-. Being aggrieved by the aforesaid judgment and order, the appellant has filed this appeal whereas the respondent has filed the appeal seeking enhancement of the compensation awarded by the National Commission.
(3.) Counsel appearing for the appellant has drawn our attention to the entire facts of the case in support of his contention that the soya bean stock was damaged before the fire had taken place and in that view of the matter the stipulation in the agreement between the parties does not entitle the respondent to receive any damage or compensation for the loss or damage caused to the goods. In support of the said contention the counsel also relied upon the endorsement in the agreement between the parties, which reads as follows: In consideration of the payment by the insured to the company of additional premium of Rs. ...the company agrees notwithstanding what is stated in the printed exclusions of this policy to the contrary that the insurance by (items ...) of this policy shall extend to the property insured caused by its own fermentation, natural heating or spontaneous combustion. N.B. - The expression 'by fire only' in the endorsement above must not be omitted under any circumstances.;