BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION : ATHYDERABAD.
CC.NO.13/2008
Between:
Ch.Narayana Reddy, S/o.Ch.Raja Reddy,
H.No.4-123, Janmabhoomi Nagar,
Post : Mancherial,
Adilabad Ditirict,
Andhra Pradesh, Pin – 504 208.
…Complainant.
And
1.The NewIndia
Kutchery Road, Mylapore,
2.DivisionalForest
3.DivisionalForest
…Opp.Parties.
CC.NO.14/2008
Between:
K.Prakash Reddy, S/o.K.Mohan Reddy,
H.No.4-123, Janmabhoomi Nagar,
Post : Mancherial,
Adilabad Ditirict,
Andhra Pradesh, Pin – 504 208.
…Complainant.
And
1.The NewIndia
Kutchery Road, Mylapore,
2.DivisionalForest
…Opp.Parties.
CC.NO.15/2008
Between:
K.Prakash Reddy, S/o.K.Mohan Reddy,
H.No.4-123, Janmabhoomi Nagar,
Post : Mancherial,
Adilabad Ditirict,
Andhra Pradesh, Pin – 504 208.
…Complainant.
And
1.The NewIndia
Kutchery Road, Mylapore,
2.DivisionalForest
…Opp.Parties.
Counsel for the Complainant
Counsel for the Opp.Parties
QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT,
AND
SMT.M.SHREESHA,HON’BLE LADY MEMBER,
TUESDAY, THE THIRTIETH DAY OF DECEMBER,
TWO THOUSAND EIGHT.
Common Oral Order (Per Hon’ble Sri Justice D.Appa Rao, President)
*******
1.
2. st Bay of Bengal, there was cyclone, heavy rain and gale for two days due to which the beedi leaves kept in various units were damaged beyond retrieval.
3.
4.
5.
6.
7.
i) Whether the complainants are entitled to the amounts covered under the policies?
ii) Whether the claimants are entitled to compensation?
iii) If so, to what amount? 8. nd nd nd
9. Bay of Bengal
10. A perusal of terms and conditions of the policy, particularly Clause 6 of the policy, shows that the risk covers –
While so when there was cyclone and the beedi leaves were damaged due to inundation of rain water, the same was informed by way of telegrams to the Insurance Company requesting to depute a surveyor.
11.
CERTIFICATE
Bay of Bengal4-5-056-5-05
Bay of Bengal4-5-20056-5-2005
Despite the uncontroverted evidence, the Insurance Company had repudiated the claim as under:
“DAMAGE TO BEEDI LEAVES DUE TO RAINS. PERIL NOT COVERED UNDER THE POLICY.
12. midnight
13.
14. st
PRESIDENT
Vvr.
APPENDIX OF EVIDENCE
Witnesses examined on behalf of the Complainant
Witnesses examined on behalf of the Opp.Parties
Documents marked on behalf of the Complainant in CC.No.13/2008:
Ex.A.1 | 13.04.2005 13.04.2005 | DFO, V.R.Puram, Bhadrachalam South. Agreement between petitioner and 2ndEx.A.2 | 02.05.2005 | DFO, Bhadrachalam South on behalf of complainant taken policy with 1st |
Ex.A.3 | 06.05.2005 | Express Telegram by the complainant to the 1stEx.A.4 | 20.06.2005 | Letter by complainant to the 1stEx.A.5 | 16.07.2005 | Letter by complainant to Surveyor. |
Ex.A.6 | 18.07.2005 | Letter by complainant to the 1stEx.A.7 | 31.10.2005 | Letter by complainant to Surveyor. |
Ex.A.8 | 11.10.2006 | Letter by 1st |
Ex.A.9 | 04.09.2006 | Letter by complainant to the surveyor.. |
Ex.A.10 | 29.11.2006 | Letter by complainant to the 1stEx.A.11 | 08.06.2007 | Certificate issued by Tahsildar, Vararamachandrapuram. |
Ex.A.12 | 15.06.2007 | Certificate issued by Tahsildar, Aswapuram, Khammam Dist. |
Ex.A.13 | 07.06.2007 | Certificate issued by Tahsildar, Chintur, Khammam Dist. |
Ex.A.14 | 27.01.2005 11.03.2005 | DFO, Hajipur, Mancherial, Adilabad. Agreement between petitioner and 3ndEx.A.15 | 02.05.2005 | DFO, Mancherial on behalf of petitioner taken policy with 1st |
Ex.A.16 | 06.05.2005 | Express Telegram by the complainant to the 1stEx.A.17 | 20.06.2005 | Letter by complainant to the 1stEx.A.18 | 16.07.2005 | Letter by complainant to Surveyor. |
Ex.A.19 | 18.07.2005 | Letter by complainant to the 1stEx.A.20 | 31.10.2005 | Letter by complainant to Surveyor. |
Ex.A.21 | 03.10.2006 | Letter by 1st |
Ex.A.22 | 04.09.2006 | Letter by complainant to the surveyor.. |
Ex.A.23 | 18.10.2006 | Letter by complainant to the 1stEx.A.24 | 08.06.2007 | Certificate issued by Tahsildar, Vararamachandrapuram. |
Ex.A.25 | 15.06.2007 | Certificate issued by Tahsildar, Aswapuram, Khammam Dist. |
Ex.A.26 | 07.06.2007 | Certificate issued by Tahsildar, Chintur, Khammam Dist. |
Documents marked on behalf of the Complainant in CC.No.14/2008:
Ex.A.1 | 11.03.2005 11.03.2005 | DFO, Bhadrachalam South Division. Agreement between petitioner and 2ndEx.A.2 | 02.05.2005 | DFO, Bhadrachalam South on behalf of petitioner taken policy with 1st |
Ex.A.3 | 06.05.2005 | Express Telegram by the complainant to the 1stEx.A.4 | 20.06.2005 | Letter by complainant to the 1stEx.A.5 | 16.07.2005 | Letter by complainant to Surveyor. |
Ex.A.6 | 18.07.2005 | Letter by complainant to the 1stEx.A.7 | 31.10.2005 | Letter by complainant to Surveyor. |
Ex.A.8 | 23.01.2006 | Letter by complainant to the surveyor. |
Ex.A.9 | 03.10.2006 | Letter by 1st |
Ex.A.10 | 29.11.2006 | Letter by complainant to the 1stEx.A.11 | 08.06.2007 | Certificate issued by Tahsildar, Vararamachandrapuram. |
Ex.A.12 | 15.06.2007 | Certificate issued by Tahsildar, Aswapuram, Khammam Dist. |
Ex.A.13 | 07.06.2007 | Certificate issued by Tahsildar, Chintur, Khammam Dist. |
Documents marked on behalf of the Complainant in CC.No.15/2008:
Ex.A.1 | 28.01.2005 10.03.2005 | DFO, Palvancha Division. Agreement between petitioner and 2ndEx.A.2 | 02.05.2005 | DFO, Palvancha on behalf of petitioner taken policy with 1st |
Ex.A.3 | 06.05.2005 | Express Telegram by the complainant to the 1stEx.A.4 | 20.06.2005 | Letter by complainant to the 1stEx.A.5 | 16.07.2005 | Letter by complainant to Surveyor. |
Ex.A.6 | 18.07.2005 | Letter by complainant to the 1stEx.A.7 | 31.10.2005 | Letter by complainant to Surveyor. |
Ex.A.8 | 23.01.2006 | Letter by complainant to the surveyor. |
Ex.A.9 | 03.10.2006 | Letter by 1st |
Ex.A.10 | 18.10.2006 | Letter by complainant to the 1stEx.A.11 | 29.11.2006 | Letter by complainant to the 1stEx.A.12 | 08.06.2007 | Certificate issued by Tahsildar, Vararamachandrapuram. |
Ex.A.14 | 07.06.2007 | Certificate issued by Tahsildar, Chintur, Khammam Dist. |
Documents marked on behalf of Opp.Parties : Nil.
PRESIDENT
