The complainant G.M. of Bhart Wagon and Engineering Company Ltd.  has filed this complaint petition against United  India  Insurance Company Ltd. head office at United India House 24 Whites Road Chennai, through Branch Manager, United India Insurance company Ltd.  Muzaffarpur for realizing of Rs. 16,06,000/- as claim amount and Rs. 3,00,000/- as compensation total  Rs. 19,06,000/- for failure to settle  the claim of damage under the  storage  & erection policy.  The brief fact of the case is that the complainant Bharat Wagon & Engineering Company  Ltd. was awarded contract in the year 1999 by Bihar State  Pul Nirman for  designing,  fabrication and erection of Pantoon  bridge at Vijay Ghat connecting Naugachhiya to Dholbajja Bazar in  District  of Bhagalpur and Madhepura. The further case is  that on the award of contract, the complainant company took storage cum erection India policy from the o.p United India  Insurance company Ltd., policy bearing no.  210201/11/44/004899/1999-2000 for the period 22-12-1999 to       21-12-2001 vide End. No. 0030 dated 16-03-2001.  The complainant also took another police bearing no. 210201/44/99/11/064/2000-2001 which was extended for the period of 22-06-2001 to 21-12-2001 on payment of usual premium. The further case is that sudden flood on in the river Koshi on 26-08-2001, part of the Pantoon bridge under Storage & Erection without its having  been handed over to Bihar Rajya Pul Nirman Nigam, was washed away. The further case is that on being  intimated about the damage caused by aforesaid floods, the o.p insurance cum. Deputed Engineer Upendra Kumar surveyor & Loss assessor who inspected the damage site on 19-02-2002 relating to damage claim as well as  estimate of cost of repairs of the said Pontoon Bridge. The further case is that meanwhile the complainant company from its own resources completed Patoon bridge on  07-03-2002 and handed over the same to Bihar Rajya Pul Nirman Nigam on 18-06-2002. The further case is that the complainant on 13-12-2002 and 24-04-2003 also sent  papers /details relating to the damages and  cost  incurred  respectively  to surveyor  & loss Assessor and o.p Branch Manager,  for settlement of claim of Rs. 16,06,000/- lacs in compliance to the o.p Insurance Com letter dated 23-01-2003. But o.p insurance company neither settled nor decided either way the claim of damages of complainant cum despite reminders sent on 29-12-2004, 02-03-2005, 09-03-2005, 01-04-2005, 23-04-2005, 14-05-2005, 13-07-2005, 09-09-2005,           27-09-2005. The further case is that on 29-09-2005  insurance company at its regional office on receipt of letter dated             19-09-2005 and stated that the matter of settlement off claim is being taken seriously with the concerned branch Division  to ascertain the facts and figures on the claim and it shall revert the complainant company at the earliest But after several reminders he has failed  to settle  the matter aforesaid.

The complainant  has filed the following documents with the complaint petition- photocopy of   Reinsurance for construction of Pantoon Bidge at Vijay Ghat over river Koshi annexure-1-, photocopy of extension of Storage cum erection Insurance  annexure-2-, photocopy  of   certificate of B.D.O about flowing  out of Pantoon Bridge  annexure-3-, photocopy of letter of Upendra Kumar, Assessor to M/S Bharat Wagon & Engineering com. Ltd for not providing claim papers - annexure-4-, photocopy  of   Transfer Report annexure-5-, photocopy of  letter of  Bharat Wagon & Eng. Com. Ltd. to Upendra Kumar regarding supply of required papers annexure-6, photocopy of letter of Branch Manager United India Insurance Com. Ltd. to Chief Manager, Finance, Bharat Wagon & Engineering Com. Ltd. Muzaffarpur in respect of furnishing production cost purchase price along with supporting documents annexure-7, photocopy of   letter of Bharat Wagon & Engineering  Com. Ltd. to The branch manager, of United India  Insurance Com. Ltd. annexure-8, photocopy of  letter of  Bharat Wagon & Engineering Com. Ltd. to The Branch Manager, United India Insurance Com. Ltd. regarding knowing about present position of the claim  annexure-9, photocopy of   letter dated  03-03-2005 of Bharat Wagon & Engineering Com. Ltd. To The Branch Manager, United India Insurance Com. Ltd. regarding knowing about present position of the claim annexure-10, photocopy of   letter dated 09-03-2005 of Bharat Wagon & Engineering Com. Ltd. To The Branch Manager, United India Insurance Com. Ltd. Regarding   settlement of the claim annexure-11, photocopy of   letter dated     01-04-2005 of Bharat Wagon & Engineering Com. Ltd. to The Branch Manager, United India Insurance Com. Ltd. regarding   settlement of the claim annexure-12, photocopy of   letter dated   23-04-2005 of Bharat Wagon & Engineering Com. Ltd. to The Branch Manager, United India Insurance Com. Ltd. regarding   settlement of the claim annexure-13, photocopy of   letter dated 14-05-2005 of Bharat Wagon & Engineering Com. Ltd. To The Branch Manager, United India Insurance Com. Ltd. regarding   settlement of the claim annexure-14, photocopy of   letter dated 12-07-2005 of Bharat Wagon & Engineering Com. Ltd. to The Branch Manager, United India Insurance Com. Ltd. regarding   settlement of the claim annexure-15, photocopy of   letter dated   08-09-2005 of Bharat Wagon & Engineering Com. Ltd. to The Branch Manager, United India Insurance Com. Ltd. regarding   settlement of the claim annexure-16, photocopy of   letter dated    27-09-2005 of Bharat Wagon & Engineering Com. Ltd. to The Branch Manager, United India Insurance Com. Ltd. regarding   settlement of the claim annexure-17, photocopy of   letter dated  26-09-2005. by Dn. Manager, United India Insurance Com. Ltd. to The Chief Manager,   ( finance)  Bharat Wagon & Engineering Com. Ltd. regarding   settlement of the claim annexure-18, photocopy of   letter dated     05-10-2005. By General Manager, Bharat Wagon & Engineering Com. Ltd.  to Dn. Manager United India Insurance Com. Ltd. regarding   settlement of the claim annexure-19, photocopy of   letter dated   20-12-2005.,of Bharat Wagon & Engineering Com. Ltd.  To the Regional Manager, United India Insurance Com. Ltd. regarding   settlement of the claim annexure-20, photocopy of   letter dated     16-01-2006 of Bharat Wagon & Engineering Com. Ltd.  to Dn. Manager United India Insurance Com. Ltd. regarding   settlement of the claim annexure-21, photocopy of   letter dated     27-02-2006, of Bharat Wagon & Engineering Com. Ltd.  to Dn. Manager United India Insurance Com. Ltd. regarding   settlement of the claim annexure-22, photocopy of   letter dated              06-03-2006 of  Bharat Wagon & Engineering Com. Ltd.  to Regional Manager, United India Insurance Com. Ltd. regarding   settlement of the claim, annexure-23, photocopy of   letter dated     11-04-2006 by Ex. Account to the Regional Manager, regarding  settlement of claim annexure-24,   photocopy of   letter dated     27-06-2006 & 28-06-2006.  by Ex. Account to the Dn.  Manager, regarding settlement of claim annexure-25, photocopy of   letter dated     30-08-2006 from Bharat Wagon & Engineering Com. Ltd. to the Dn.  Manager, regarding  settlement of claim annexure-26, photocopy of   letter dated     07-10-2006  from Bharat Wagon & Engineering Com. Ltd. to M.D. United India Insurance Com. Ltd. regarding non settlement of insurance claim annexure- 27, photocopy of   letter dated                     07-10-2006  from Bharat Wagon & Engineering Com. Ltd. to M.D. United India Insurance Com. Ltd. regarding non settlement of insurance claim annexure- 28.

On 12-06-2007 the o.p appeared and filed his w.s. on 11-07-2009 with prayer to dismiss the complaint petition with cost. It has been mentioned in the w.s. that the complaint petition is not maintainable in the eye of law and complainant has no cause of action to file this case. It has been further mentioned that the case is barred by law of limitation and natural justice. It has been admitted in the w.s. that the insurance policy of the complainant was with the  o.p but the complainant failed to obey the terms and conditions  of the policy of the o.p. It has also been admitted that Mr. Upendra Kr Surveyor  cum loss assessor was deputed by o.p to assess  loss of the complainant on the basis of relevant papers and documents  submitted by him but the complainant  did not cooperate the surveyor in  supplying his necessary document regarding the  alleged loss sustained by him in erection  of bridge in question . It has been mentioned in the w.s. that the alleged bridge was completed on 11-07-2001 and the alleged loss took place on 26-08-2001 that is after 45 days of completion  of alleged  bridge. Thus the policy of the o.p ceases  on the day of completion of erection of the alleged bridge in all respect.  It has been further mentioned that the terms and condition of the policy of the o.p does not include the maintenance and preservations of the alleged bridge of the complainant therefore the alleged loss after 11-07-2000 does not full under the police period and hence the o.p is not liable to pay any compensation to the complainant with respect  to the alleged loss.

  The o.p has neither adduced any evidence nor filed any documentary evidence with the w.s. but he has filed some papers such as photocopy of proposal and questionnaire for     erection.  All risks   Marine cum Erection  insurance and photocopy of  repudiation letter.

In the repudiation letter dated 16-11-2006, the o.p United India Insurance Company Ltd. has repudiated the claim of the complainant on the ground that his claim found to be as per terms and conditions of the policy and hence, competent authority has rejected the same. On perusal of the same, it transpires that the o.p insurance company has not mentioned the specific ground of the terms of policy on the basis of which the claim was repudiated.

Neither party has filed the original or photocopy of bond, rather the complainant has filed a petition on the dated 13-09-2011 supported with an affidavit.

In the w.s. o.p company has asserted in para-7 of the w.s. that  the alleged bridge of the complainant was completed on 11-07-2001 and the alleged loss took place on 26-08-2001 that is after 45 days of completion of alleged bridge, thus policy of the o.p ceases on the day of completion of erection of alleged bridge in all respect.  The complainant has mentioned in the complaint petition that the washing out part of pantoon bridge took place on 26-08-2001 due to floods in the river Koshi and he completed  reconstruction   of the Pantoon bridge on 07-03-2002 and handover the same to the Bihar Pul Nirman Nigam on         18-06-2002. He has filed photocopy of transfer report of the  alleged bridge as annexure-5. On perusal of the same, it transpires that the alleged Pantoon bridge was completed  on 27-03-2002 and the complainant handedover  the same to the Bihar State Pul Nirman Nigam Ltd. On 18-06-2002. The o.p has not filed any oral or documentary evidence to support the fact that the alleged bridge was completed on 11-07-2001. He has accepted this fact in his w.s. that the o.p company appointed surveyor to Sri Upendra kumar,  Surveyor & Assessor to assess the loss of complainant. The complainant has filed photocopy of the letter dated 19-02-2002 of Sri Upendra Kumar to the M/S Bharat Wagon & Engineering com. Ltd annexure-4, asking the papers from the complainant to assess the   loss and requested to  cooperate  to him. So, it appear that when the bridge was completed, how and why the o.p company  deputed to Sri Upendra Kumar assessor to assess loss and why he had not  repudiated the claim on the ground  as mentioned in the w.s. So, from the above discussion it is clear that the objection raised in para 7 & 8 of the o.p is not proved.

          The learned lawyer for the o.p has submitted in his argument that no notice or information of the claim of the complainant was lodged or receipt by the office of the o.p within stipulated period of 14 days from the date of loss. So, no claim will be payable to the complainant on the above ground because that is against the policy of the claim. This fact has not been specific pleaded in the  w.s. of the o.p. He has only stated that the claim is barred by law of limitation and complainant failed to obey the terms and condition of the policy of the o.p. This question has been raised by the o.p. So, burden is on him to prove this fact, but no evidence has been adduced by the o.p.  on this point On the other hand the complainant has stated in his complaint petition that he intimated about  damage caused by aforesaid  flood to the o.p and the o.p insurance company deputed engineer  Upendra Kumar Surveyor & loss Assessor  who inspected  the damage side on 19-02-2002. The complainant has annexed photocopy the letter of Upendra Kumar dated 19-02-2002 (annexure-4) to show that he  visited the effected place and demanded papers relating to the claim from the complainant the complainant has also filed  photocopy of letter dated 05-03-2000 of Branch Manager, United India Company Ltd. as annexure-2 to show that the policy was  since 22-12-1999 to 21-12-2000 and the same was extended  till 21-06-2002.

          Photocopy of report of B.D.O Naugachhiya Annexure-3 also shows that part of the Pantoon bridge was flooded out  on 26-08-2001 due to sudden flood in Koshi river . The complainant has also filed many letters extending from annexure-6 to annexure-28 regarding the settlement of the claim of damaged Pantoon bridge; Photocopy of letter no. 2336/2005 dated 26-09-2005 of Deputy Manager, United India Insurance Company Ltd. shows that  he regretted the none settlement  of claim of pantoon bridge  till 26-09-2005.  The claim has been repudiated by the o.p. com. On 16-11-2006 vide its letter no. 616 and the complaint petition has been filed on 19-04-2007 within 2 years from the cause of action. On the basis of above discussion it is clear that the facts raised during the course of argument by learned of the  o.p is not tenable.

The complainant has also filed the photocopy of chart of loss as annexure-8.

On the basis of above discussion we are of the considered opinion that there is deficiency in service on the part of the o.p and he is liable to pay damage caused to the complainant by flood.

Accordingly the claim petition is allowed and o.p is directed to pay Rs. 16,06,000/- as none settlement of claim amount  and Rs. 1 lac/- as compensation  settle  the claim of damaged under the storage erection insurance policy within two months from the date of  order /, on failure to pay the aforesaid amount the o.p shall be liable to pay the same with 9 %  p.a. interest from the date of filing of complaint petition till realization. Let a copy of this order be furnished to both the parties as per rule.