Heard learned counsel for the appellant. None appears for the respondent.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                      The factual matrix leading to the  case of  the complainant, is hat  the complainant has purchased  a contracts with all risk policy from the OP for Rs.1,52,55,209/- against the contract price. It is alleged inter-alia that the complainant has received a contract work from the OP. The policy was paid for the period from  11.8.2009  to 10.08.2010.  It is further stated that on 09.05.2010  while  an excavation work was going on,  the earth suddenly collapsed and three   bonded labourers were buried under heap of soil. After the accident the local  people attacked the workers, damaged the building materials, damaged the plant and machineries. The matter was also reported to the insurer.  After that the surveyor was appointed by the insurer to compute the loss. However, it is alleged that the OP repudiated the claim as no document  was supplied to the surveyor. Challenging same, the complaint was filed.

4.            The  OP    filed written version stating that  the complainant has purchased the policy  in question and during currency of the policy,  the accident took place.  However, they have deputed the surveyor who has assessed the loss at Rs.28,600/-. Since, the discharge voucher  contains such  amount and that amount was not accepted by the complainant, they have no deficiency in service on their part.

5.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                              “(i) The OPs are directed to pay Rs.6,92,912/-(Rupees six lakhs ninety two thousands & nine hundred twelve only) individually  and severally as details allocated under heading “J” towards  full and final disposal of the claim within 30 days of receipt of this order, failing which the interest  will be charged at 12 % from the date of expiry of the stipulated time. “                   

6.            Learned counsel for the appellant submitted that learned District Forum has passed the impugned order by not considering the written version with proper perspectives. He also submitted that the surveyor has computed the loss at Rs.28,600/- after taking into consideration all the  loss computed the loss with regard to the contract work. Learned District has computed the loss by not  going through the materials on record but  by material which are not related  with the policy concerned. However,  he is ready to pay  Rs.28,600/-  as directed by the surveyor  and the impugned order having no merit be set-aside by allowing the appeal.

7.                      Considered the submission  of learned counsel for the appellant, perused the DFR and impugned order.       

8.                   It is admitted fact that during currency of the policy the contractor has undertaken  the  work order and during execution of  the contract work there was  suddenly collapse of the earth and as such the machinery  and other materials  were damaged. The  policy for contract work has got sum assured Rs.1,52,55,209/-. The  only  in this case whether the surveyor has computed the loss at Rs. 28,600/- has not been accepted  or not. Since, the loss as complied by the surveyor has not been paid, he filed the complaint case.

9.               After going through the policy and surveyor report  and we are of the view  that the surveyor has not made detailed examination.  Police report shows that there was  collapse of the earth and three bonded  labourers died. The surveyor’s report although has taken the claim of the complainant into consideration but has  the loss to the plant and machinery has not taken consideration  on the ground that the plant and machinery were  damaged due to indirect cause. But as it appears the police report shows that plant and machinery  are damaged due to collapse of the earth and the three labourers were damaged.  Therefore, the exclusion clause is not applicable to the case. On the otherhand,  the loss computed by the surveyor with regard to the plant and machinery Rs.4,16,320/- has to be payable by the OP  to the complainant. Besides with regard to loss of cement bags Rs.28,600/- as computed by the surveyor, also be payable by the OP. Therefore, total loss of Rs.4,44,920/- payable by the OP to the complainant. Since, the amounts actually not  paid by the  OP, there is deficiency in service on the part of the insurer. Since, the  insurer is liable to pay the aforesaid  amount we  confirm the impugned order but  we hereby modified the impugned order by directing the OP to pay Rs.4,44,920/- to the complainant  within 45 days from the date of the order, failing which it will carry 9 % interest from the date of impugned order till date of payment.

                  The appeal is disposed of accordingly. No cost.

                   Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.   

                   DFR be sent back forthwith.