BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD
F.A.No.136 OF 2011 AGAINST C.C.NO.12 OF 2011 DISTRICT FORUM KURNOOL
Between:
Dr.N.Muralidhar, S/o late
Kurnool-001
The Branch Manager
NationalInsurance Kurnool Branch, D.No.40-343-A
1st Kurnool-001
Counsel for the Appellant Counsel for the Respondent
QUORUM:
SRI THOTA ASHOK KUMAR, HON’BLE MEMBER
THURSDAY THE THIRTIETH DAY OF MAY
Oral Order (As per Sri***
1. Dissatisfied with the order awarding the amount of`15,000/-towards the loss caused to the insured house, the complainant filed the appeal. He field complaint claiming an amount of`3insurance company`50,000/- towards compensation and`1,00,000/- towards costs.
2. insurance company`9,000/-. The respondent resisted the claim on the premise that the appellant violated the terms of theinsurance
3.
4. `1,25,000/-.`15,000/- held proper and reasonable.
5.
6.
7.
8. insurance
9. `3
“On the happening of any loss or damage the insured shall forth with give notice thereof to the Company and shall within 15 days after the loss or damage or any such further time as the company ma in writing allow in that behalf deliver to the Company a claim in writing for the loss or damage…….”
10.
11. 12.
Survey & Findings
1. Upon the instructions received from the insurers on 2.2.2010, we have visited the insured residence located at 59/5,
2. The insured building consists of ground & 1st
3. During our survey we found that there were clear evidence/traces of submergence of 1st4. Inquiry revealed that the flood water flown at about 15 feet height.
5. The walls were damaged badly and the
6. All the electrical in the ground floor were damaged and
7. The flooring was caved in and the painting of the premises was damaged.
8. The insured explained that they were out of station, thus
9. Then we discussed with the insured about the damages and its repairing cost and finalized the loss.
13.
Assessment of Loss
No. | Description | No’s | Qty. | Rate (Claimed (Allowed (1. | Removing earth, cleaning walls, septic tank | 0 | 0 | LS | 52000 | 10,000 |
2. | Removing5 | 75.8 | 1600 | 121280 | 10,000 |
3. | Staircase concreting & railing finishing | 0 | 0 | LS | 30000 | 10,000 |
4. | Removing debris material of slab,0 | 0 | LS | 30000 | 10,000 |
5. | Removing | 5 | 75.8 | 375 | 28425 | 10,000 |
6. | Provision for removing & replacing switches, sockets, etc. | 0 | 0 | LS | 45000 | 15,000 |
7. | White washing – 3 coats | 0 | 0 | LS | 30000 | 10,000 |
| Sub-Total | | | | 336705 | 75000 |
8. | Maintenance & supervision charges @ 3% | 0 | 0 | 0 | 10100.96 | |
9. | Miscellaneous | 0 | 0 | LS | 3200 | |
| | TOTAL | | | 3,50,000 | |
Insured Claim | Rs.3,50,000/- | Assessment of loss |
Admissible loss | | 75,000/- |
Less Depreciation | Deducted maximum depreciation of 50% | 37,000/- |
Loss after depreciation | | 37,500/- |
Less Salvage | | NIL |
Sum insured as per the policy | | Rs.3,00,000/- |
Total Area of the building | | Rs.2,500sft |
Construction cost per | Rs.1,000/- |
PRV of the building | | Rs.25,00,000/- |
Depreciation | 50% | Rs.12,50,000/- |
Applicable UI Factor | Rs.3,00,000/- Rs.12,50,000/- = 0.24 | |
On applying under insurance, the loss works out to be Rs.37,500/- X 0.24 | | Rs.9,000/- |
Net Assessed Loss | | Rs.9,000/- |
14.
15. `3`12 There is no denial of the fact that the appellant mentioned the value of the house at Rs.1216. `15,000/- and in the light of no appeal filed by the respondent, we do not want to disturb the findings of the District Forum.
17.
కె.ఎం.కె.*
