w w w . L a w y e r S e r v i c e s . i n

M/s. Premier Agro Industries v/s New India Assurance Co. Ltd.

Company & Directors' Information:- PREMIER LIMITED [Active] CIN = L34103PN1944PLC020842

Company & Directors' Information:- PREMIER INDUSTRIES (INDIA) LIMITED [Amalgamated] CIN = L15143MP1973PLC001234

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- A. S. INDIA LIMITED [Active] CIN = U70100MP2009PLC022300

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- NEW INDIA INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U99999GJ1980PLC000467

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- PREMIER INDIA PRIVATE LIMITED [Active] CIN = U52520TG1993PTC016684

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- NEW INDIA INDUSTRIES LIMITED [Liquidated] CIN = U99999MH1941PTC003247

Company & Directors' Information:- THE NEW INDIA INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1942PLC007691

Company & Directors' Information:- NEW INDUSTRIES CORPORATION LIMITED [Dissolved] CIN = U99999MH1945PTC004625

Company & Directors' Information:- NEW PREMIER INDUSTRIES LIMITED [Dissolved] CIN = U99999MH1947PTC005465

    Revision Petition No. 1484 of 2016

    Decided On, 08 July 2016

    At, National Consumer Disputes Redressal Commission NCDRC

    By, MEMBER

    For the Petitioner: Vivek Shel, Proprietor. For the Respondent: -------

Judgment Text

V.K. Jain, Presiding Member (Oral)

The complainant/petitioner obtained an insurance policy to the extent of Rs.30 lakhs in respect of its factory premises on plot No.172 in Sector-3 HSIIDC, Karnal. Due to heavy rain and strong wind, one side wall and upper portion of the walls of a shed in the factory collapsed, as a result of which, the shed roof fell on the ground. On intimation being given to the insurer, a surveyor was appointed to assess the loss. Before the surveyor, a claim of Rs.7,02,150/- was submitted by the petitioner/complainant. The surveyor, however, assessed the loss at Rs.3,36,126/-. After applying depreciation, salvage value and excess clause, the net loss to the complainant was assessed at Rs.1,01,763/-. However, vide its letter dated 28.7.2011, the insurer repudiated the claim. The repudiation letter to the extent it is relevant, reads as under:-

'After going through the survey report and further clarifications submitted by independent surveyor, he assessed the loss for Rs.101763 which was not happened due to the perils covered under the policy since the storm peril which is covered under the policy is with a speed of 89 km/ph or more and in your case it was 8.9 km/ph. Further he confirmed that all sheets/trusses of the shed have fell down centrally on the ground and not even a single sheet had been blown out. The building was covered from all sides, three sides were lantered and one side has covered passage, hence it was not possible that shed can fell down due to storm in any case and there was no other loss in the area on that day & time.

He confirmed that claim does not fall under storm risk and is not payable under the scope of policy. Thus we are repudiating the above said claim.'

2. Being aggrieved from the repudiation of the claim, the complainant approached the concerned District Forum by way of a complaint. The complaint was resisted by the insurer primarily on the same grounds on which the claim had been repudiated.

3. Vide its order dated 27.10.2014, the District Forum directed the insurer to pay a sum of Rs.1,01,763/- to the complainant along with interest @ 9% p.a., compensation quantified at Rs.25,000/- and the cost of litigation quantified at Rs.2200/-.

4. Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. Vide impugned order dated 19.1.2016, the State Commission held the petitioner entitled for Rs.3,36,126/- along with interest @ 9% per annum from the date of filing of the complaint in addition to the compensation awarded by the District Forum for the harassment and mental agony, etc. Still dissatisfied, the petitioner is before us by way of this revision petition.

5. It is an admitted positon that the petitioner/complainant had submitted an estimate of Rs.7,02,150/- to the surveyor. It is also not in dispute that the shed in question was constructed in the year 1993. It was, therefore, 17 years old at the time it allegedly got damaged. The surveyor, therefore, applied deprecation of 50% to the assessment made by him. Since the policy taken by the petitioner was not a policy on reinstatement basis, the depreciation was rightly applied by the surveyor. The shed in question being 17 years old, the petitioner was not entitled to its replacement by a new construction. If 50% depreciation

Please Login To View The Full Judgment!

is applied to the estimate of Rs.7,02,150/- submitted by the complainant himself, the resultant amount, after deduction of salvage etc. would come to less than what has been awarded by the State Commission. Therefore, there is no ground for further enhancement of the amount awarded by the State Commission. The revision petition being devoid of any merit is hereby dismissed.