- (1.) Defendants-United India Insurance Company and its Senior Branch Manager have approached this Court by way of instant second appeal after suit of respondent-plaintiff M/s. B. J. Duplex Boards Limited has been decreed partly by both the Courts below.
(2.) Plaintiff-respondent filed suit against defendants/appellants for recovery of Rs. 1.85 crores. Goods of the plaintiff lying in its premises were insured with the defendants for Rs. 2,22,00,000/- vide insurance policy issued on 31.03.1999 for one year. Fire occurred in the premises of the plaintiff on 18.11.1999 resulting in destruction of its goods. The plaintiff laid insurance claim with the defendants. Defendants' survayor assessed the loss to the plaintiff at Rs. 1,49,34,011/-. However, the defendants have paid Rs. 45,38,808/- only being the amount of loss that occurred in covered area of first class construction but repudiated the claim of plaintiff for the loss that occurred in covered area of second class construction and in open area, necessitating the filing of the suit for recovery of the balance amount.
(3.) The defendants alleged that rightful claim of the plaintiff has already been paid and the plaintiff is not entitled to any further amount. It was pleaded that vide earlier policy dated 08.11.1998 for Rs. 25,00,000/- (in fact for Rs. 50,00,000/-) which lapsed on 07.11.1999 i.e. before the incident of fire, loss of goods in first class construction only was insured and, therefore, the plaintiff has been compensated for the loss of goods lying in first class construction area and remaining claim has been rightly repudiated.;