LAWS(APCDRC)-2010-7-75

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. DAKA MAHALAKSHAMMA

Decided On July 05, 2010

JUDGEMENT

(1.) This is an appeal preferred by opposite party No.1, the Insurance Company, against the order of the District Consumer Forum, Prakasam District at Ongole directing it to pay Rs.87,460/- with interest at 9% per annum, besides compensation and costs.

(2.) The case of the complainant in brief is that she is the owner of a tobacco barn insured with opposite party No.1 for a sum of Rs.1,00,000/- covering the period from 19.10.2006 to 18.10.2007 While so, there was a cyclone on 30.10.2006 whereby material as well as property was damaged. Therefore, the complainant claimed Rs.92,500/- with interest at 24% per annum from the date of cyclone i.e. 30.10.2006, besides compensation of Rs.6,000/- and costs.

(3.) The appellant resisted the case. While admitting issuance of policy, it alleged that as soon as it received claim it had appointed a surveyor, who in turn visited the barn and assessed the loss at Rs.15,620/- for which it had sent a discharge voucher to the complainant. However, the complainant did not agree for the said amount though it was ready to pay the amount assessed by the surveyor and therefore, prayed for dismissal of the complaint.