By. Smt. Renimol Mathew, Member:-
Complainant filed this complaint to get compensation for the loss sustained to the insured plantains due to natural calamity.
2. Brief of the complaint:- The complainant insured 1000 plantains with opposite party No.1 through opposite party No.2. On 15.07.2009 576 plantains totally damaged due to heavy wind and rain. The officials from Opposite party No.1 Insurance company and Opposite party No.2 inspected the premises and assessed the loss to the tune of Rs.22,712/-. The complainant alleges that opposite parties rejected the claim without sufficient reason. This is deficiency in service from the part of the opposite parties. So he prays for compensation for the loss and cost of this proceedings.
3. Opposite parties filed separate versions. Opposite parties contented that all the bunched banana plantains are at the age of 10 months and 15 days. They were almost ripened to harvest and income from harvesting plants has to be deducted from the assessed amount and the liability of the opposite parties if any is limited to the 'terms and conditions, policy provisions and exceptions'. There is no deficiency of service on the part of the opposite parties in processing the claim of the complainant. Hence prays for dismissal the complaint.
4. On considering the complaint, Versions, affidavit and documents the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
7. Points No.1 and 2:- The complainant filed affidavit and Exts.A1 to A4 marked. Ext.A1 is the Claim and Verification Report. It shows the actual assessed compensation is Rs.22,712/-. The loss sustained to the complainant is admitted by both parties. Opposite parties also filed affidavit. On going through the records and evidence it is clear that the loss and damages are convinced by the opposite parties. There is no dispute in claim. So complainant is entitled to get the benefit of Insurance Policy.
In the result the complaint is allowed and opposite party No.1 is directed to pay the amount assessed by the Insurance Surveyor that is Rs.22,712/- (Rupees Twenty Two Thousand Seven Hundred and Twelve) only to the complainant with 5% interest from 15.09.2009 and also directed to pay Rs.1,000/- towards cost of this proceedings. This Order must be complied by the opposite party No.1 within 30 days from the date of Receipt of this order. Otherwise opposite party No.1 is directed to pay interest @ 5% per annum till full payment.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of August 2013.
Date of Filing:13.02.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Parties:
OPW1. Mathew Paul. Manager, National Insurance Co Ltd.
Exhibits for the complainant:
A1. Copy of Claim and Verification Report.
A2. Copy of Rejection Slip. Dt:05.05.2011.
A3. Copy of Possession Certificate. Dt:05.09.2008
A4. Copy of Tax Receipt. Dt:18.07.2008.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
