1. THE short facts of the case are that the complainant had taken fire policy for the goods lying in the open compound of the Ambica Cotton
Ginning & Pressing Factory at Dholka. THEre was a fire on 25th April, 1991 and the goods of the complainant and other merchants have been
destroyed.
2. THAT there is no dispute that the goods of the complainant were got iasured with the opposite party. There is also no dispute that fire took
place on 25.4.91. THAT the Surveyor had visited the local place. He has called for the records and books of accounts from the Cotton Merchant
and verified the same and with the consent which was given on 25/28 Sept., 1991 given a survey report dated 31.12.91 fixing the damages at Rs.
1,97,120/-.
Curiously however, the payment has not been made till today even though the complaint has been filed by the complainant on 2.9.92.
Unfortunately, though there is an agreed amount, the Insurance Company has fairly not accepted the complaint and resisted the claim by filing
written statement and that is how the complainant has remained without getting any amount from the Insurance Company.
Mr. Chudgar, the learned Advocate appearing on behalf of the opposite party has faintly contended that the Insurance Company had a meeting
with other parties (cotton merchants) who had not accepted the survey report and the matter being very uncertain and the Insurance Company
wanted to settle all the claims together, the payment could not be made on bona fide reason. He had to admit the damages as surveyed by the
qualified Surveyor who was sent by the Insurance Company itself. No other evidence has been produced by the Insurance Company to show that
the report given by the Surveyor was not correct. On the contrary the survey report is an agreed survey report where for the sake of settlement the
complainant himself has let gone the higher claim and accepted the amount suggested by the Surveyor.
3. THE Insurance Company having taken the consent of the complainant and having the survey report on record, payment has not been made even
after filing of the complaint. So far the action of the Insurance Company with regard to the persons who had not accepted the survey report, there
may be some truth in the contention of Mr. Chudgar. But so far the present complainant is concerned, who has agreed the amount and the survey
report has accordingly been made and the survey report having been received by the Insurance Company on 31.12.91 or thereafter, there is no
reason why the payment should not be made to the complainant. THE complainant has lost the goods and he was suffering the damages. Though
the next season has started he was kept out of money and the whole purpose of taking insurance will be frustrated if the Insurance Company is
permitted to make a delay on the ground which are not tenable under the law. 6.Mr. Chudgar has drawn our attention to para 17 of the written
statement where the Insurance Company has submitted that the Insurance Company has sent the voucher for Rs. 1,97,120/- to be signed by the
complainant which was sent back because the complainant had already filed a complaint. We are unable to accept this submission because if the
Insurance Company wanted to pay, they could have deposited the money before the Commission or could have sent the cheque directly to the
party. THE voucher was again for full and final settlement. THE Insurance Company had not added interest for the intervening period which
naturally the complainant may not be interested to accept. We are, therefore, of the opinion that the complainant is entitled for interest which we
award @ 18% p.a. from 1.1.92 till the payment is made. 7.It may be noted that the fire took place in April 1991, the Surveyor has sent a report
on 31.12.91 where 8 months have already been passed and the Insurance Company has utilised this amount for their own business. We are,
therefore, not inclined to accept any of the submissions of Mr. Chudgar though he has vehemently argued not to give interest atleast for two months
after the survey report was received. 8. THE complainant has also asked for compensation for business loss and exemplary damages which we are
not inclined to award since business loss is a remote damage. THE complainant has also asked for substantial amount for mental torture,
harassment and agony. However, the Insurance Company has indirectly admitted the claim. We have already allowed interest. We are, therefore,
inclined to grant Rs. 5,000/- only by way of mental torture and harassment. ORDER THE opposite party shall pay Rs. 1,97,120/- to the
complainant with running interest @ 18% p.a. from 1.1.1992 till the payment is made and Rs. 5000/- by way of pain and suffering, mental torture
and cost which we quantify at Rs. 500/ only. THE Insurance Company will pay the above amount within 4 weeks from the date of receipt of this
order. Complaint allowed with costs.
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