SRIRAM SATYANARAYANA Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) The unsuccessful complainant is the appellant. The case of the complainant in brief is that he was carrying on liquor business under the name and style of Lakshmi Trading Company situated at Atta Rattaiah Street, Door No.27-32-47/4, Vijayawada. He had taken a shop keepers policy in the year 1988 covering the period from 20.09.1988 to 19.09.1989 for Rs.4,09,000/- towards stock. The policy covers cash in transit for Rs.50,000/-, cash in safe for Rs.8,000/- and cash in counter for Rs.4,000/-. While so, on 26.12.1988 law and order problem had arisen where large scale looting and arson taken place. The entire stock in trade, furniture, etc. in his shop were set on fire. When he made claim the same was repudiated. He filed earlier a complaint before the District Forum and the matter went upto the National Commission wherein the Insurance Company was directed to pay Rs.1,11,000/- with interest at 12% per annum from 15.04.1989 till payment with costs of Rs.5,000/-. Alleging that earlier damage to the furniture and cooler was not included, he prayed for direction to the opposite party to pay compensation of Rs.1,25,000/- towards the cost of the cooler and furniture with interest at 12% per annum from the date of occurrence of the incident and Rs.10,000/- towards mental agony and costs.

(2.) The Insurance Company resisted the claim. While admitting issuance of policy, it alleged that earlier the complainant had filed C.D.No.10/1999, wherein the Commission has awarded Rs.1,11,000/- together with interest at 18% per annum by way of damages. The allegation that the compensation does not include the damage of furniture and the bottle cooler is not correct. The dispute in respect of coverage of policy was already settled in the Apex Court. The claim relates to 17 years old incident. The surveyor had in fact assessed the loss at Rs.1,11,000/- which amount was awarded by the State Commission in CD.No.10/1990 upheld by the National Commission in FA.No.613/1996 only modifying the interest from 18% to 12%. After deducting TDS on interest of Rs.21,681/- the balance amount was paid to the complainant towards full satisfaction on 31.03.2005. After 17 years, he filed fresh claim for Rs.1,25,000/- towards loss of furniture and bottle cooler. The claim was already satisfied in full. Raising a fresh claim on the matter already decided by the National Commission amounts to resjudicata. The claim was barred by limitation. The complainant grossly misused the Forum. Therefore, it prayed for dismissal of the complaint with costs.

(3.) The complainant in proof of his case filed his affidavit evidence and the documents marked as Exs.A.1 to A.7. While the Insurance Company filed affidavit evidence of the Divisional Manager and the documents marked as Exs.B.1 to B.8.