A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION

 ATHYDERABAD.

F.A. 1466/2008 against C.C. 418/2007 , Dist. Forum-III,Hyderabad. 

Between:

United India Insurance Company Ltd.,

Rep. by its Divisional Manager

Divisional Office No. III

Basheerbagh,Hyderabad.

         1. M/s. S.M.S. Tele Communications

Proprietary concern at G-4

Happy Homes, Palace-C

Upperpally X Road,

Mehadipatnam 

Hyderabad.                                                 

Rep. by its Proprietor

R. Mohan Raju

S/o. R. Rama Raju

F.No. 415, Tower No. 1

Happy Homes

Upperapally X Roads

Rajendranagar Ring Road                                                      Respondent/

Hyderabad. 

2. State Bank of Travancore

Bank Street Branch5-1-720, 1^st

Bank Street,Hyderabad.

Rep. by its Branch                                                                                                

Counsel for the Appellant:                         

Counsel for the Respondent:                     

QUORUM:

TUESDAY, THIS THE ELEVENTH

Oral Order: (Per Hon’ble Justice D. Appa Rao, President)

Having heard the learned counsel for the appellant and having perused the record, we are of the opinion that the appeal could be disposed of at the stage of admission.

This is an appeal preferred by the insurance company against the order of the Dist. Forum-III,Hyderabad 

The case of the complainant in brief is that it is a proprietary concern EPABX system.                  Immediately, he called the service engineers            

The bank filed counter admitting sanction of loan to the complainant, and      

The appellant insurance company resisted the case. It                     Invoking      

The complainant in proof of 

The Dist. Forum after considering the evidence placed on record        Therefore, it directed the insurance company  besides Rs. 25,000/- towards compensation and Rs. 2,000/- towards costs.

Aggrieved by the said decision, the insurance company preferred this appeal contending that the Dist. Forum did not appreciate the case in correct perspective.    The damage to the system is not covered        Therefore, it prayed that the appeal be allowed dismissing the complaint.

It is an undisputed fact that             

company as well as the bank.    Prasad, Surveyor & Loss Assessor, (Formerly Technical person          

He     

He also observed that the Rajendranagar police after their investigation concluded that “the damage to the telephone equipment occurred due to electricity discharge as a result of lightening.” 

Finally he concluded that the cause of loss to the insured equipment was found due to external voltage passed through the EPABX  

The exclusion clause No. 7 reads as follows :

“Loss destruction or damage to any electrical machine, apparatus, fixture, or fitting arising from or occasioned by over running, excessive pressure, short circuiting, arcing, self heating or leakage of electricity from whatever cause (lightening included)   (emphasis supplied)

Referring to exclusion clause No. 7 of the policy, the Surveyor opined that the peril      

At the out set, we may state that            The second part deals with the adjacent or surrounding property which is likely to catch fire due to the flames or sparks arising out of the actual exposed property    

It is not known how the surveyor could say     and ‘electronic’ are defined and they are altogether different. ‘Electric’ relates to electricity or the  

It has altogether different connotations.           

The Dist. Forum         

In the result the appeal is dismissed.  

PRESIDENT