By this common order, we shall dispose of all the above mentioned appeals as they are against the same impugned orders. FAs 694 to 697 of 2007 have been filed by the insurance companies seeking quashing of the impugned order whereas FAs 63 & 64 of 2008 have been filed by the complainants seeking enhancement of compensation. Facts are being taken from FA 694/2007. Complainant/respondent No.1, which is a private limited registered company, is engaged in manufacture of poly propolene high density polyethine. The finished products are in the shape of bags which are required for storing essential commodities like paddy, cement, fertilizers, salt etc. Complainant/respondent no.1 had taken term loan of Rs.13,56,244/- and the cash credit facility to the tune of Rs.8,00,000/- from the State Bank of India, Khapuria Branch, Cuttack. The loan sanctioned by the State Bank of India was for -8- stock holding consisting of raw materials, semi-finished products and finished products. During 28.10.1999 to 30.10.1999, a cyclone which was described as ‘Super Cyclone’ hit the coastal districts of the State of Orissa, as a consequence of which, the complainant’s factory, go-downs, raw materials, finished products etc. were damaged and looted by miscreants. As a condition precedent for availing the loan from the banks and other financial institutions, the complainant/respondent no.1 had taken six insurance policies, two from the National Insurance Company Limited and four from Oriental Insurance Company Limited insuring the building, plant, machinery, stocks and fire and peril risks. Soon after the Super Cyclone, respondent on 31.10.1999 informed the respondent insurance companies about the loss and damage caused to the building, machinery and the raw material. Respondent/complainant lodged FIR in the Police Station on 03.11.1999. The police investigated the case and submitted the final report saying that the case was true but without any clue. On 11.11.1999, complainant submitted a provisional claim statement for a sum of Rs.25,20,000/-. After obtaining the other necessary documents, complainant submitted a -9- final claim for Rs.38,29,000/- on 17.11.1999 with the National Insurance Company Limited. On 24.11.1999 Mr. A.K. Govil and Associates, were appointed as Surveyor. The Surveyor asked the complainant to submit relevant papers like photographs, copy of the FIR, copy of the police final report, stock statements etc. The complainants complied with all the requirements. The claim was not settled till 2003. Being aggrieved, complainant filed the complaint in the year 2003 before the State Commission. State Commission allowed the complaint and directed the insurance companies to jointly and severally pay Rs.15,74,496/- along with costs of Rs.25,000/-. Insurance companies were directed to comply with the order by 31.10.2007, failing which the principal amount of Rs.15,17,496/- was to carry interest @ 9% p.a. from the day following the cyclone i.e. 01.11.1999. Complainant had filed joint complaint against both the insurance companies. In later part of para 8 of its order, the State Commission has held as under: 8. The National Insurance Company Limited (opposite parties 3 and 4 in its written version has raised the same grounds of objection raised by the Oriental Insurance -10- Company Limited. It has further stated that it appointed one B.K. Pattnaik as preliminary surveyor who submitted preliminary report. Thereafter M/s A. K. Govil and Associates was deputed to assess the loss. The complainants assert that A.K. Govil and Associates wanted certain documents which were duly submitted to it but no report has been submitted. The National Insurance Company in fact has not produced the report before us.” In the second portion of the para 8 the State Commission has held that the report of Mr.A. K. Govil & Associates was not produced on record. Learned counsel appearing for the insurance companies contends that the State Commission has committed a factual error in observing that the report of Mr. A. K. Govil, Surveyor was not put on record. He has drawn our attention to the list of documents filed by the National Insurance Company. A perusal of this shows that the National Insurance Company had submitted the report of Mr. A. K. Govil dated 30.04.2002 (item no.3). Affidavit of Mr. S. K. Dass, partner of A. K. Govil & Associates was also filed to prove the contents of the Surveyor report. -11- Learned counsel appearing for the complainants in all fairness admits that the State Commission has committed a factual error in observing that the report of the Surveyor Mr. A. K. Govil dated 30.04.2002 was not produced. He admits filing of the Surveyor report as well as the Affidavit of Mr. S. K. Dass, partner of A. K. Govil & Associates. As we propose to remand the cases back to the State Commission on the ground that it has failed to take into consideration the relevant piece of evidence present on record, we need not go into various other findings recorded by the State Commission. The State Commission has failed to take into consideration the relevant evidence, i.e. the Surveyor’s report, which was put on record. Since the State Commission has committed a factual error and has failed to take into consideration the piece of evidence which was on record, order of the State Commission cannot be sustained and is accordingly set aside. Cases are remitted back to the State Commission to decide them afresh in accordance with law after affording due opportunity of hearing to both the parties. All contentions are left open. -12- Parties through their counsel are directed to appear before the State Commission on 02.04.2013. State Commission is directed to decide the cases on the basis of the evidence produced already on record. Nothing stated herein be taken as an expression of opinion. Since it is an old case we would request the State Commission to dispose of the cases as early as possible and preferably within a period of four months from the date of appearance. Office is directed to refund the statutory amount of Rs.35,000/- deposited by the appellant insurance companies in the appeals filed by them. The amount deposited by the insurance companies in terms of the order dated 28.11.2007 shall be subject to the final directions issued by the State Commission at the time of deciding the complaint. | 
