- (1.) SINCE both these appeals under Section 15 of the Consumer Protection Act, 1986 arise from the same order, they are being disposed of by this order.
(2.) THE impugned order dated 15.3.05 was passed in Complaint No. 264/04 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called District Forum for short) directing that the insurer -Oriental Insurance Company (appellant in Appeal No. 173/05) shall pay Rs. 1,14,814 as compensation to the complainant -Uttam Construction Company (appellant in Appeal No. 166/05) with interest @ 9% p.a. payable from 27.9.04, as also Rs. 1,000 as cost of the complaint.
(3.) INDISPUTABLY , the complainant M/s. Uttam Construction Company is a registered partnership firm with its registered head office at Shanker Nagar, Raipur. It undertakes Civil Construction Works, mainly construction of bridges, under the contracts from the Government and the Semi -Government undertaking departments. It is also not in dispute that the complainant had been given a contract of "Special repairs to the damaged Sind Bridge of Guna Ashok Nagar Road" by the Chief Engineer, P.W.D, Project Construction Zone, Bhopal, at an estimated contract value of Rs. 85.85 lacs. The complainant contacted the respondents and proposed insurance regarding the above contract covering accidental risks and loss towards (i) All the permanent and temporary works required for commission of the contractincluding all materials to be incorporated. (ii) Additional cover towards third party. (iii) Additional cover towards removal of debris. A proposal (Annexure C2) in that regard covering the contract value of Rs. 86 lacs (by rounding the contract value of Rs. 85.85 lacs) and also covering additional liability towards third party for Rs. 5,00,000 as also additional liability towards removal of debris to the extent of Rs. 3,00,000 was submitted by the complainant to the insurers. It is also not in dispute that "Contractor s All Risk" (CAR) insurance policy (Annexure C3) was accordingly issued by the insurer in favour of the complainant covering the risk, as above. It is further not in dispute that applicable premium was paid by the complainant to the insurer. The CAR policy issued by the insurer covered the risk from 14.1.2002 to 13.1.2003.;