JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL) 1. Learned counsel for the parties present. 2. New India Assurance Co. Ltd./petitioner has deposited the entire amount with the District Forum. The agreed amount in the sum of Rs.33,019/- with interest be paid to the respondent-complainant immediately. 3. The complainant, M/s Neelkanth Plywood obtained insurance policies. The total amount of the policy is Rs.7 Lakh. Unfortunately, the fire occurred in the premises of the building on 8.9.2006. The complainants submitted the claim in the sum of Rs.1,75,045/-. The Surveyor visited the premises in dispute and came to the conclusion that loss in the sum of Rs.33019/- was caused. 4. Learned counsel for the respondent has placed reliance on paras 5 and 8 of the judgment of District Forum, which are reproduced as follows: “5. Now we have to decide for how much amount the complainant is entitled. According to complainant the -3- stock worth of Rs.1,75,045/- have been burnt and the said amount has been calculated at the rate of 0.70 per sq. feet. However, the Surveyor had scaled down the said value of the stock by calculating the stock at the rate of 0.65 per sq. feet instead of Rs.0.70 per sq. feet. According to complainant loss to dry core veneer was estimated as 166710 sq. feet but the surveyor has scaled down it to 125000 sq. feet. However, no reason or date have been given by the Surveyor on the basis of which he has scaled down the said loss. Further according to surveyor report the complainant had obtained insurance cover for loss up to Rs.7,00,000/- but average stock of the complainant during the last 3 months was Rs.19,97,050 and thereby he had further reduced the assessed loss damaged to stock at Rs.42719.26. If the contention of OP is put on equity then supposing a car worth Rs. 1 lac is insured for Rs.50,000/-, if there is a total loss to the said car then insurer will pay car owner only Rs.25,000/- although they have received premium for insurance of Rs.50,000/-. The said position is highly amounting to unfair trade practice. Once the OP had received the premium on the stock of worth Rs.7,00,000 then they are bound to indemnify the loss to the complainant upto the extent of Rs.7,00,000/-. Since the present case, the complainant had claimed a loss of Rs.1,75,045/- and -4- surveyor had assessed the same at Rs.1,21,875/-, so taking the middle figure i.e. 1,75,045/- plus 1,21,875/- = 296920 % =148460. 8. Resultantly, we allow the complaint of complainant partly and direct the respondents to pay Rs.1,50,000/- alongwith interest at the rate of 95 per annum after three months from the date of fire to till its actual payment alongwith compensation of Rs.10,000/- and cost of Rs.3300/- within a period of one month failing which complainant shall be entitled to recover the entire amount payable by the OP in terms of abovesaid direction alongwith further rate of interest @12% per annum. The complainants are at liberty to enforce this order in accordance with law. File be consigned to the record room after due compliance.” 5. The State Commission dismissed the first appeal. 6. Our attention is invited towards the insurance policy. Its para 10 runs as follows: “10. If the property hereby insured shall at the breaking out of any fire or at the commencement of any destruction of or damage to the property by any other peril hereby insured against be collectively of greater value than the sum insured thereof then the insured shall be considered as being his own insurer for the difference and shall bear a rateable proportion of the -5- loss accordingly. Every item if more than one, of the policy shall be separately subject to this condition.” 7. In view of this provision of law, the orders passed by both the fora do not stand the scrutiny of law. The Surveyor has assessed the value of total property at Rs.19,97,050/-. The complainant is to get the compensation proportionate to the insurance amount at Rs.7,00,000/-. The total loss is stated to be Rs.1,75,045/- and assessed by the Surveyor at Rs.1,21,875/-, the approximate proportionate value of same comes to Rs.33,019/- with interest. We hereby modify the orders passed by the District Forum and State Commission to the extent that the petitioner will pay a sum of Rs33,019/- with interest. The said amount be paid to the respondent/complainant by the District Forum immediately. The extra amount be paid to the opposite party after the expiry of 90 days. The revision petition is allowed in part in the above terms. | 
