KAMAL TALKIES Vs. DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THE complainant is the Kamal Talkies represented by its Managing Partner Sri Y. Suresh Kumar. It was owning a cinema theatre at Cinema Road in Adilabad which was being insured with the United India Insurance Company Limited ( ˜Insurance Company for short) represented by opposite parties. According to the complainant it was renovated in 1994 at considerable cost. On 20.6.1995 it was gutted in a fire. The fact that there was a substantial loss to the complainant in that fire and that the fire occurred during the period that cinema theatre including the equipment like projector, generator set, fixtures and furniture was insured and was covered by Fire Policy -C dated 24.2.1995 for the period 24.2.1995 to 23.2.1996 (xerox copy of the schedule of policy marked as Ex. A -1 and conditions of the policy marked as Ex. A -2) is not disputed by the Insurance Company. The accident was reported to the Insurance Company on 20.6.1995 itself and on 21.6.1995 the first opposite party i.e. the Divisional Manager of the Insurance Company deputed a Surveyor Sri M. Venkateswara Rao to assess the loss and damage caused to the complainant. He visited the theatre and assessed the loss and submitted his report dated 25.11.1995 (xerox copy marked as Ex. A -3) to the Insurance Company. He found that the loss was total and gave his estimation of the loss as follows : <FRM>JUDGEMENT_1_LAWS(APCDRC)3_20001.htm</FRM>

(2.) ON the basis of Ex. A -3 report the second opposite party i.e. the Branch Manager of the Insurance Company at Nirmal, by letter dated 21.3.1996 (xerox copy marked as Ex. A -6) offered as follows :

(3.) THE Insurance Company got issued a reply dated 25.9.1996 through its lawyer (xerox copy marked as Ex. A -7) as follows :