SHREE COLD STORAGE PVT LTD Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE Complainant company had an insurance policy for Rs. 37,95,000/ - covering the risk of building etc. from the Opposite Party. According to the complainant, on 31.5.1989 an earthquake hit the area and the Complainants cold storage suffered huge losses. The upper wall of one of the units had completely fallen on two sides resulting in the falling of the malva and the entire insulation material of the ricehusk and salvage etc., which resulted in further collapse of various verandahs, walls, roofs and bearing of cracks thereof on a very large scale.

(2.) THE Complainant duly reported this loss, but the Opposite Party did not immediately send a surveyor. On 15.6.1989 they informed the Complainant about their deputing M/s. Jain Aswani & Co., Chartered Accountant to survey the spot. The Complainant did his due part for the formalities to claim on the aforesaid losses and lodged a claim of Rs. 9,14,760/ - as detailed under: - (Amount in Rs.) 1. First class brickwork in Super structure in Cement Mortar 1:4 with 3 parts Coarse Sand and one -art Ganges Sand 493 cu m @ 750/ - cu m

(3.) 12mm Plaster in Cement Mortar 1:4 1217 sq m @ 30/ - 36,510.00