By. Smt. Renimol Mathew, Member:-
Brief of the complaint:- The complainant had insured 1000 plantains with opposite party No.2 through opposite party No.1. The policy period was for one year. On 04.06.2011 during the policy period due to heavy rain and storm 860 bunched plantains were destroyed. Immediately the complainant reported this incident to opposite parties. On 07.06.2011 opposite parties inspected the premises along with the Insurance Surveyor. On inspection it was convinced that about 8 months old 860 bunched plantains were totally destroyed and Insurance Surveyor assessed the damage to the tune of Rs.41,280/-. But opposite party No.2, the insurance company had given only an amount of Rs.15,480/- to the complainant. According to the complainant the non payment of the amount assessed by the Insurance Surveyor is deficiency in service on the part of the opposite party No.2. So he prays for an Order directing the opposite parties to pay the balance assessed amount of Rs.25,800/- from opposite party No.2 with reasonable cost and compensation of Rs.10,000/-
2. Notice served to both opposite parties, they entered in to appearance and filed their written version.
3. The Opposite parties filed version, in short it is as follows:- Opposite parties No.1 & 2 filed separate versions. Opposite parties admitted that the complainant had insured 1000/- plantains with opposite party No.2. The liability of the opposite parties if any is limited to the terms and conditions, policy provisions and exceptions. The allegation that loss sustained to the complainant is calculated as Rs.41,280/- is not fully correct. The surveyor found that only 860 plantains were damaged and almost all the banana plantains attained its harvest period and the complainant sold the salvages at the prevailing market rate. Opposite party No.2 further stated that complainant is not entitled to get any further reliefs in the above matter, an amount of Rs.15,480/- was already disbursed to the complainant on full and final settlement of the claim. There is no deficiency in service on the part of the opposite parties in processing the claim of the complainant. This opposite parties prays for a dismissal of the complaint with cost.
4. On considering the complaint, affidavit and versions 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.
5. Point No.1:- The evidence of complainant consists of testimony of PW1, Exts.A1 and Ext. A2 documents. Ext.A1 is the Photo Copy of the Premium Payment Receipt and Ext.A2 is the copy of Surveyor's Report. Perusal of Ext.A1 document reveals that the complainant insured his banana plantains to the opposite party No.2 on 17.01.2011. Ext.A2 document is the Surveyor's Assessment Report produced by opposite party No.2 as per the Order in I.A 198/2012. On perusal of this, it is clear that almost 860 plantains were destroyed due to heavy storm and rain. The date of the mishap was on 04.06.2011 and that was well within the policy period. The age of the banana bunches is admitted by both parties as 8 months. The opposite parties No.1 and 2 filed affidavit and opposite party No.2 is examined as OPW1 and produced Exts.B1series document. Ext.B1 series includes Survey Report, Claim and Verification Report and photographs of bunched plantains. The Surveyor of the insurance company admitted that 860 bunched plantains were destroyed. The Surveyor assessed the loss to the tune of Rs.51,600/-, but opposite parties stated that liability of the opposite parties if any is limited to the terms and conditions, policy provisions and exceptions. As per the terms and conditions of the policy, 20% of the total assessed amount has to be deducted. Moreover that Surveyor report reveals that majority of the damaged bunches had attained its harvest period and 50% of the assessed amount that is Rs.25,800/- also deducted towards recovery of salvage. After that, insurance company paid Rs.15,480/- to the complainant as full and final settlement of the claim arose under this policy.
6. On going through the evidence and documents advanced before us, dispute is only in respect of salvage value. Surveyor's Report Ext.A2 document clearly shows that at the time of mishap the age of the plantains was about 8 months. In ordinary cases the harvest period of banana bunches are considered as 11 to 12 months. There is no possibility of recovery of salvage value of such a huge amount from this 8 months old banana bunches. So we are in the opinion that there is deficiency in service from the part of the opposite party No.2. Point No.1 is found accordingly.
7. Point No.2:- There is no dispute regarding the claim and loss. So the complainant is entitled to get the balance assessed amount with cost and compensation. Hence opposite party No.2 is directed to pay an amount of Rs.14,000/- towards balance claim amount assessed by Insurance Surveyor and Rs.1,000/- as to cost and compensation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed. The opposite party No.2 is directed to pay Rs.14,000/- (Rupees Fourteen Thousand) only to the complainant and also directed to pay Rs.1,000/- (Rupees One Thousand) only as cost and compensation. This Order must be complied by the opposite party No.2 within one month from the date of receipt of this Order.
Pronounced in the Open Forum on this the 30th day of August 2013.
Date of filing:10.05.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Jose. Complainant.
Witness for the Opposite Parties:
OPW1. Mathew Paul. Manager, National Insurance Co Ltd.
Exhibits for the complainant:
A1. Photo Copy of the Premium Payment Receipt.
A2. Copy of Surveyor's Report.
Exhibits for the opposite Parties.
B1(Series). Photographs (4 Nos).
B2. Copy of Surveyor's Report.
B3. Copy of Claim and Verification Report.
Sd/-
PRESIDENT, CDRF, WAYANAD.
