Heard learned counsel for the parties and perused the impugned order dated 27.1.2015 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission (in short, “the State Commission”) Hyderabad whereby the Complaint Case No.194/2013 filed by the Respondent (Complainant herein) has been partly allowed and the State Commission has directed the Appellant Insurance Company to pay a sum of Rs.49,73,610/- to the Complainant/Respondent towards loss sustained by it due to breakdown of the Turbine alongwith interest @ 9%  p.a. from the date of repudiation of the claim i.e.2.4.2013 till the date of realization alongwith cost of Rs.5,000/-. It appears that a Turbine of 4000 KV was being used by the Complainant (Respondent herein) in its factory. It was insured with the Appellant. During the period of insurance, the Turbine suffered a breakdown on 8.8.2012 at about 10.30 am on account of heavy vibrations and abnormal sound. The incident was reported to the Appellant Insurance Company. The Complainant/Respondent had made a claim of Rs.52,73,610/- towards the amount to be incurred for repairs of the Turbine. The claim was repudiated by the Appellant Insurance Company on the ground that as required the Turbine was not overhauled within a period of two years.

2.       However, the Complainant/Respondent filed the copy of the letter dated 4.9.2012 issued by M/s Triveni Turbine Ltd., manufacturer which had certified the case put forth by the Complainant/Respondent that the breakdown of the Turbine was due to load fluctuation or entry of foreign particles into the system. This was also taken note in the Investigator’s report (Ext. A-4). It has also come on record that the Turbine in question after being overhauled in June – July, 2009 was actually put in operation for a period of one year ten months since November, 2009 to August, 2012 and, therefore, strictly speaking the question of getting it overhauled within two years from June to July, 2012 did not arise.  The finding recorded by the State Commission is based on appreciation of evidence and material on record, from which it is clearly established that the breakdown of the Turbine was on account of reasons beyond the control of the Complainant/Respondent. The order of the State Commission directing the Appellant to pay a sum of Rs.49,73,610/- alongwith interest @ 9%  from the date of repudiation of the claim i.e. 2.4.2013 till the date of realization, therefore, does not call for interference. The Appeal fails and is dismissed.

3.       The amount deposited pursuant to the interim order dated 20.5.2015 alongwith accrued interest be transferred to the State Commission for being given to the Complainant/Respondent. The balance amount shall be paid by the Appellant Insurance Company within three months.