- (1.) THE complainant s case is that the complainant has been carrying on business in the name and style of M.P.S. Modern Rice Mill. He has insured his rice mill with the 1st opposite party under fire policy C for a total sum of Rs. 22,00,000/ -. On 18.8.1995 there was a fire accident which caused heavy damage. The complainant after intimating the police made a claim to the opposite party. The Surveyor appointed by the opposite party made a spot inspection, took photographs and noted down the damages. Stating that the boiler and its accessories fall within the scope of Exclusion as per standard policy C , the 1st opposite party allowed a compensation of Rs. 70,755/ - being the damages caused to the building. No compensation was awarded for the exploded domestic boiler or other machineries and fixtures. The 1st opposite party stated that the boiler should have been insured under a separate Engineering policy. If the complainant had been informed about the same, he would not have opted for the policy under fire policy C but would have opted for other appropriate policy. The complainant issued a notice through his lawyer calling upon the 1st opposite party to pay the damages caused to the domestic boiler and other fixtures in a sum of Rs. 4,00,000/ -. The 1st opposite party sent a reply containing false allegations. Hence the complaint.
(2.) THE opposite parties in their version contended as follows: The complainant is not a consumer. It is no doubt true that the complainant has taken insurance policy with the 1st opposite party covering the period from 10.1.1995 to 9.1.1996 but the policy does not cover such as explosion of machine, steam generator or domestic boiler etc. The complainant has to prove the factum of fire accident. It is false to say that the complainant had intimated the fire accident to police. The copy of the complaint and the result of police investigation not furnished to the opposite parties. The Surveyor appointed by the opposite parties assessed the damages in a sum of Rs. 70,600/ - No doubt, the complainant has informed about the loss suffered to the boiler and its accessory but they fall within the scope of Exclusions as per standard policy C . Only the loss suffered by the building is within the scope of admissible loss and, therefore, it was admitted in full as recommended by the Surveyor. No compensation can be granted to the exploded domestic boilder since such an explosion is excluded under Fire policy C and separate Engineering policy for boil explosion which ought to have been taken have not been taken by the complainant. Only subsequent the complainant has opted for both the policies namely fire policy C and Boiler and Pressure plant policy. To the notice issued by the complainant, the opposite party sent a suitable reply. There is no deficiency in service. The alleged claim of Rs. 3,47,900/ - is not tenable. Hence the opposite parties pray for dismissal of the complaint.
(3.) THE lower Forum accepted the complaint and directed the opposite parties to pay a sum of Rs. 3,47,900/ - with interest at 18% p.a. from the date of accident till date of realization and a sum of Rs. 5,000/ - as compensation and cost of Rs. 1,000/ -. Hence the appeal. The point for determination in this appeal falls within the narrow compass. Whether the explosion caused to the machinery namely the boiler and its accessories would be covered by the policy or not is the only point for determination. To appreciate the contention, we would refer to the policy. Ex. A 1 is the letter issued by the 1st opposite party to the complainant mentioning the details. It gives break -up figures of the value, the rate per 1000, the total premium payable for covering the risk. Ex. A2 is the fire policy C . The policy clearly mentions as follows: "In consideration of the insured named in the Schedule hereto having paid to THE NATIONAL INSURANCE COMPANY LIMITED (hereinafter called the company) the premium mentioned in the said schedule, THE COMPANY AGREES, subject to the Conditions and Exclusions contained herein or endorsed or otherwise expressed hereon) that if after payment of premium the property insured described in the said schedule or any part of such property, be destroyed or damaged by: (1) Fire (2) Lightning (3) Explosion/implosion but excluding loss of or damage to boilers, (other than domestic boilers) economisers or other vessels, machinery or apparatus in which steam is generated or their contents resulting from their own explosion/implosion.";