JUDGEMENT
A.K.ANNAMALAI, J. -
(1.) The opposite party is the appellant.
(2.) The complainants/respondents filed a complaint against the opposite
party claiming for compensation due to the fire accident in their factory
on the basis of the insurance policy claiming for Rs.21,00,000/-
restricting to Rs.19,50,000/- with interest and for cost.
(3.) The complainant have stated in their complaint that they insured the
industry for a sum of Rs.21,00,000/- with the opposite party on the
policy with the provisions for the loss of Rs.8,00,000/- towards building
Rs.5,00,000/- each towards raw materials finished goods and machinery and
when the policy was in force on 25.8.05 at about 1.30 pm when the lorry
carrying the raw materials entered in to the premises due to the heavy
wind there was spark from the top of the electric wire and the coir
loaded on the lorry got fire and spread in to the entire premises and the
finished goods as well as other raw materials got burnt and became ash.
Immediately police complaint was given and three fire engines
extinguished fire in six hours. Thereupon the claim was made for payment
of Rs.21,52,245/- on 27.9.05 with the opposite party and for which on
30.5.06 they offered to settle the same for Rs.1,32,948/-. Hence the
dispute is only regarding the quantum of damages and the complainants
have produced all the documents necessary for the claim and produced the
approximate value of the building from the competent person and the
opposite party wantonly and deliberately refused to pay for the damages
and therefore the complainants have come forward with the complaint
seeking relief as stated above.;
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