KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

APPEAL 429/2005

JUDGMENT DATED: 3.3.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU            : PRESIDENT

SRI.M.K.ABDULLA SONA                        : MEMBER

1. Divisional Manager,                                  : APPELLANTS

    Oriental Insurance Co.Ltd.,

    Divisional Office,

    Matteethra Buildings,

    III Floor, Baker Junction,

    Kottayam –1.

2. The Managing Director,

    Oriental Insurance Co.Ltd.,

     Regd. Office, 7037, A-25/27,

     Sharaf Ali Road, New Delhi-2.

(By Adv.Saji Issac.K.J)

              vs.

Rajeev.A.,                                                    : RESPONDENT

Radha Nivas, Pakkil, Nattakom,

Kottayam.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

The appellant is the opposite party/Insurance Co. in OP.40/02 in the file of CDRF, Kottayam.  The appellant is under orders to pay a sum of Rs.43651/- with interest at 12% per annum from the date of petition  and that if the amount is not paid within 45 days the interest will be at 15% and also to pay cost of Rs.1000/-.

2. The matter relates to the fire insurance claim of the theatre owned by the complainant with respect to the incident that took place on 22.2.2000.  The claim is for Rs.4,25,000/- the assured amount.

3.  The opposite parties have contended that a sum of Rs.1,30,955/- was paid as the matter was settled on non standard basis.  The above amount represents 75% of the amount assessed by the Surveyor minus value of salvage.  It is the contention that the incident is the result of  an intentional and premeditated act of some other person.

          4. The evidence adduced consisted of Exts.A1 to A13 and B1 to B8.

          5. We find that the appellant has relied on the report of the investigator ie, Ext.B3 to substantiate the contention that incident is not an accident but the deliberate action of the some other person.  They have no case that the fire was set by the complainant.  Further as noted by the Forum no evidence was adduced to prove the investigation report.  Hence we find there is no illegality in the order of the Forum in this regard.

          6. So far as the contention as to the  full and final settlement it is noted that the complainant immediately after receipt of the amount sent a letter to the appellant mentioning that he has received the amount under protest.  Hence the above contention also cannot be upheld.  In the circumstance we find that no interference as such in the order of the Forum is called for.

          All the same, the direction to pay interest at 15% if the amount is not paid with in 45 days is modified and deleted.  The rest of the order is confirmed.  The appeal is allowed in part as above.

          Office is directed to forward the LCR to the Forum urgently.

JUSTICE SRI.K.R.UDAYABHANU            : PRESIDENT

SRI.M.K.ABDULLA SONA                        : MEMBER

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