Decided on November 25,2013

Bhaw Singh Rawat Appellant
National Insurance Company Ltd. And Another Respondents


Sudhanshu Dhulia, J. - (1.) This writ petition has been filed by the petitioner invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India.
(2.) The petitioner constructed a factory building and got it insured on 11.04.1991 for a sum of INR 2,50,000/- and thereafter installed the machinery in the said factory and insured it further for a sum of INR 3,50,000/-. Both the factory and the machinery were in the name of a Company known as "M/s Bhagirathi Industries", although it has nowhere been pleaded and claimed in the petition as to what interest, the petitioner has in that factory, except that it has been loosely stated in para 2 that it was the petitioner who got constructed the factory building and got the machinery installed and insured it, therefore, unless it is proved otherwise it appears that the petitioner has the interest in that factory as a owner or at least a part owner of the factory.
(3.) Be that as it may, according to the petitioner, due to earthquake in Uttarkashi on 20.10.1991, both the factory building as well as the machinery got damaged. He raised insurance claim before the National Insurance Company Ltd., which was not met as desired by him and consequently, he moved a complaint before the District Consumer Forum, Uttarkashi. According to the Insurance Company and based on the report of the surveyor it assessed the damaged caused to the factory building to INR 39,888/- and according to them, the amount was paid to the petitioner. The District Consumer Forum, Uttarkashi came to the conclusion that the loss to the factory for INR 1,30,170/- and thereafter gave an award that the said amount be given to the claimant i.e. M/s Bhagirathi Industries after deducting the amount of INR 39,888/-, which has already been given to it.;

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