This case coming on 18.12.2014 for final hearing before this Forum in the presence of Sri K.V.S.Ramana Murthy, Advocate for the complainant and Sri M.Visweswara Rao, Advocate for the opposite party and having stood over to this date for consideration, this Forum pronounced the following:-
O R D E R
(By Sri A. Radha Krishna, President on behalf of the Bench)
1 The complainant laid this petition claiming Rs. 5,00,000/- towards loss of one poultry shed, Rs. 10,00,000/- fire insurance claim, Rs. 2,00,000/- towards mental agony, for deficiency of service and also expenses of Rs. 5,000/- together with interest for loss of poultry sheds. The allegations in the complaint in brief are that the complainant is the owner of M/s. Padmavathi Poultry Farm, Mallisala Village, Jaggampeta Mandal, East Godavari District. She constructed the poultry farm with thatched sheds as per approved plan issued by the District Panchayat Secretary and also as per the approval proceedings of the District Medical Health Officer. She is running the poultry farm since September, 2009. She insured poultry farm with opposite party for Rs. 20,00,000/- covering the period from 23.02.2010 to 22.02.2011.
2 On 12.04.2010 at about 5.20 am one of the poultry sheds was burnt away due to electrical short circuit, 2,500 broiler chicken birds died in the fire accident and the poultry shed was burnt and she incurred loss of Rs. 5,00,000/-. She made several phone calls to opposite party one to make good loss incurred by her. Her son also visited opposite party one office several times but opposite party one gave evasive replies. She also informed that the incident by way of letter to the opposite party one through Professional Couriers. She also submitted written representations dated 20.04.2010, 28.05.2010 and 30.03.2011 to the opposite party one but opposite party one was postponing the matter. She also issued a legal notice to the opposite parties 1 and 2. The opposite parties received the same but opposite party one issued reply with false allegations. She spent more than Rs. 3,00,000/- for construction of the poultry sheds and Rs. 3,06,000/- towards purchased of 18,000/- chicks for running the business and she placed feed orders for keeping chicks worth Rs. 4,00,000/- by the date of fire accident. Thereby she sustained loss of Rs. 5,00,000/- including chicks and poultry farm. As the opposite party did not settle the claim she approached this Forum.
3. 3rd opposite party filed its written version adopted by opposite parties 1 and 2 denying the material allegations in the complaint and further according to them, the policy obtained by the complainant was subject to terms and conditions therein. The complainant did not lodge the claim with them and also did not visit. They admitted exchange of notices but contested the claim of the complainant that they gave reply to evade insurance amount. It is also their version the policy is called standard fire and special perils and it does not cover loss or damage to the birds and they suspect that there was no accident as claimed by the complainant and it is their version the complainant did not inform about the fie accident and complainant did not give any information for a period of one year 7 months and they issued reply with true and correct facts. Further according to them the loss or damages has to be assessed by the qualified surveyor, but the complainant did not take steps to do the same. As such unless the loss is assessed by the qualified surveyor it can’t be assessed. Thus they sought dismissal of the complaint.
4 Now the points for determination are:
1. Whether the complainant is entitled to the amounts claimed by her on the ground of deficiency of service on the part of the opposite parties?
5 Point No.1: In support of her contention the complainant filed her chief affidavit and got marked exhibits A1 to A16. Ex.A1 is policy issued by the opposite party; Ex.A2 is the letter addressed by the complainant to the 1st opposite party; Ex. A3 is courier receipt pertaining to opposite party one; Ex.A4 is letter addressed by the complainant to the opposite party; Ex.A5 is also letter addressed by the complainant to the opposite party; Ex.A6 is copy of letter addressed to opposite party; Ex.A7 is office copy of lawyer’s notice issued by the complainant to the opposite parties 1 and 2; Ex.A8 and Ex.A9 are acknowledgments of opposite parties 1 and 2; Ex.A10 is reply notice issued by the opposite party to the complainant; Ex.A11 is certificate issued by M.R.O. Jaggampeta showing the fire accident; Ex.A12 is the certificate issued by the Fire Department, Prathipadu; Ex.A13 is acknowledgment of the first opposite party; Ex.A14 is the photos showing the fire accident; Ex.A15 is tax receipt issued by the Gram Panchayat; Ex.A16 is letter issued by the 2nd opposite party to the complainant. As against this evidence the opposite party filed chief affidavit of its Authorised Signatory and got marked exhibits B1 to B4 which are copy of policy, register maintained by the opposite party company showing the details of the correspondent, reply notice and surveyor report.
6 As seen from the material on record the opposite parties admitted the issuance of policy covering the fire accident to the poultry sheds. According to the opposite parties insurance coverage does not extended to the birds and as such they are not liable to pay the amount for the birds burnt in the fire accident. Ex.B1 policy shows that the coverage is only poultry sheds and not for birds. It is also their version after the fire accident it was not informed to them and as such there was no chance for them to ascertain the loss sustained by the complainant. Though the complainant filed Ex. A3 courier receipt it does not containing particulars showing to which of the opposite parties it was addressed for other letters addressed by the complainant to the opposite parties these are acknowledgments showing the receipt of those letters by the insurance company. According to opposite party three it is only when they received legal notice they came to know the fire accident. It is no doubt true as seen from the letters issued by the complainant and fire Department there was fire accident in poultry sheds of the complainant. Unless a claim is made with the opposite party there was no chance for them to settle the claim. It is only when the complainant issued legal notice to the opposite party three then only they came to know the fire accident. This version of non receipt of any information from the complainant is reinforced by Ex.A10 reply notice issued by opposite party three to the complainant. But any how the opposite parties appointed a surveyor who submitted his original report of Ex.B4. As seen from the surveyor report he assessed the liability of the insured for an amount of Rs. 3,25,000/- for the burnt poultry shed excluding the cost of dead birds as there is no insurance coverage for the same.
7 Though no claim form is submitted by the complainant, as surveyor appointed by the opposite parties submitted his report the amount recommend by him can be taken into consideration for awarding the amount to the complainant. Hence under these circumstances the complainant is entitled for the said amount of Rs. 3,25,000/- as assessed by the surveyor under original of Ex.B4. Thus this point is answered accordingly.
8 In the result, sum of Rs. 3,25,000/- [rupees three lakhs twenty five thousand only] is awarded to the complainant and opposite parties are directed to pay the amount within one month from the date of this order, otherwise the said amount shall carry interest @9% from the date of this order till realization.
Dictation by the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 08th day of January, 2015
Sd/- xxxxx Sd/- xxxxx
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant : None For opposite party : None
DOCUMENTS MARKED
For complainant:-
Ex.A1 Policy issued by the opposite party to the complainant
Ex.A2 Letter addressed by the complainant to the 1st opposite party Ex. A3 Courier receipt pertaining to opposite party one
Ex.A4 Letter addressed by the complainant to the opposite party
Ex.A5 Letter addressed by the complainant to the opposite party
Ex.A6 Copy of letter addressed to opposite party
Ex.A7 Office copy of lawyer’s notice issued by the complainant to the opposite party two
Ex.A8 Acknowledgments of opposite party one
Ex.A9 Acknowledgments of opposite party two
Ex.A10 Reply notice issued by the opposite party to the complainant Ex.A11 Certificate issued by M.R.O. Jaggampeta
showing the fire accident
Ex.A12 Certificate issued by the Fire Department, Prathipadu
Ex.A13 Acknowledgment of the first opposite party
Ex.A14 Photos showing the fire accident
Ex.A15 Tax receipt issued by the Gram Panchayat
Ex.A16 Letter issued by the 2nd opposite party to the complainant
For opposite parties:
Ex.B1 Copy of policy
Ex.B2 Register maintained by the opposite party company showing the details of the correspondent
Ex.B3 Reply notice
Ex.B4 Surveyor report.
Sd/- xxxxx Sd/- xxxxx
MEMBER PRESIDENT
