- (1.) This suit has been instituted by the plaintiff Amlagora Cold Storage P. Ltd. against the National Insurance Co. Ltd. and another, inter alia, for a decree jointly in favour of the plaintiff and United Bank of India the defendant No. 2 for Rs. 39,35,726.00 as per particulars mentioned in paragraph 12 of the plaint, for a further decree in favour of the plaintiff or a decree jointly in favour of the plaintiff and United Bank of India for Rs. 4,62,840.74 on account of alleged loss of profit, idle labour loss of interest and other loss and damages aggregating to Rs. 4,62,840.74, alternatively an enquiry into the damages suffered by the plaintiff and for a decree for the amount found due at such enquiry, interests and costs.
(2.) The case of the plaintiff, shortly stated, is that the plaintiff is the owner of the cold storage at Amlagora in the district of Midnapore in the State of West Bengal. The defendant No. 2 i.e. United Bank of India was the mortgagee of the potatoes of all kinds stored and/or contained in the said Cold Storage. By a policy of Insurance bearing No. E/410/54/00018/0 dated 27/03/1979, the defendant No. 1 in consideration of payment of premium, insured portatoes of all kinds stored and/or contained in chambers No. I, II and III of the said cold storage, inter alia, against accident to the refrigeration machinery resulting in rise of temperature in the refrigeration chambers, thereby causing damage thereto by deterioration, putrification or contamination, then the insurance company i.e. the defendant No. 1 will subject to the terms, provisions warranties and conditions contained in the said policy or endorsed or otherwise expressed thereon, indemnify the insured for such damage in the manner described in the said policy but not exceeding the sum insured stated in Schedule II, i.e. Rs. 70,00,000.00 in all.
(3.) On or about 23/04/1979, there occurred an accident to the refrigeration machinery of the said cold storage resulting in rise in the temperature in the said refrigeration chambers thereby causing damage to the potatoes stored and/or contained therein by deterioration, putrification and/or contamination following the said accident, whereby the plaintiff suffered losses and damages.;