KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

APPEAL.766/2001

JUDGMENT DATED: 11.3.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

SRI.M.K.ABDULLA SONA              : MEMBER

The Divisional  Manager,                    : APPELLANT

Divisional Office,

National Insurance Co.Ltd.

Parameswaran Pillai Bhavan,

Hospital Road, Kollam.

(By Adv.Saji Issac)

        Vs.

K.Bindhu,                                          : RESPONDENT

W/o P.B.Raveendran Pillai,

Melachuvila Veedu,

Eravipuram.P.O.,

Kollam-11,

Proprietrix, Perumana Book House and Photostat,

Sasthamkotta.P.O., Kollam.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

The appellant is the opposite party/Insurance Company in Op.No.959/99 in the file of CDRF, Kollam.  The appellant is under orders to pay a sum of Rs.52500/- towards damages sustained  to the complainant and Rs.3000/- as compensation and Rs.1000/- as cost.

2. The case of the complainant is that he was running a Book cum Photostat shop in shop No.896 of Ward No.III of Sasthamcotta Panchayath.    The landlord in an attempt  to evict  the complainant  ransacked the  shop and destroyed the books etc.  According to him articles to a tune of Rs.2,00,000/-was destroyed.  The shop was covered by the  policy of fire and allied perils including burglary and house breaking shop by the opposite parties.  Police have registered a case.  Surveyor deputed by the opposite party assessed the damages only at Rs.52,500/-.  The claim was repudiated.  He has claimed a sum of Rs. 2,78,000/- and compensation of Rs.50,000/-

3. The opposite parties have contended that the claim is a fraudulent one.  It was also contended that the surveyor could not verify the stock register or other records.  It is pointed  out that the assured policy sum is Rs.1,75,000/-.  The action of the landlord in destroying  the goods is not covered by the policy.

4. The evidence adduced consisted of the testimony of PWs 1 and 2, DWs 1 and 2: Exts.P1 to P16 and D1 and C1 survey  report.

5. We find that Forum has directed the opposite parties to pay the amount assessed by the surveyor.  There is no reason as to why an action of the outsiders destroying the goods would not attract the coverage under the policy.  Hence we find that the contention of the appellant that the incident would not attract the policy can not be upheld.

6. Although the complainant has raised a claim of more than Rs.2,00,000/- the policy coverage is only Rs.1.75 lakhs.  Surveyor assessed only Rs.52,500/-. On a perusal of copy of Ext.C1 produced by the surveyor  we find that the  amount assessed by the surveyor  exclude salvage value of Rs.50,000/- and also depreciation of 50%. No interest has been ordered  to be paid also. 

 In the circumstance we find no  interference in the order of the Forum below  is called for. The  appellant/insurer is directed  to pay  the amount within 3 months from the date of receipt of this order  failing which the complainant  will be entitled to claim 15% of interest on the decretal amount from the date of this order.  The appeal is disposed of accordingly.

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

SRI.M.K.ABDULLA SONA              : MEMBER

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