JUDGEMENT

R.M. Lodha, J.—

This appeal under Section 23 of the Consumer Protection Act, 1996 (for short ‘the Act’) is at the instance of the complainant as its claim to the tune of of Rs.35,06,000/- against the National Insurance Company Limited (for short ‘insurer’) has not been accepted in its entirety and the National Commission in its judgment and order dated July 18, 2002 directed the insurer to pay to the complainant an amount of Rs. 10,47,491 only along with interest at the rate of 12% from March 1, 2000, till the date of payment after adjusting the amount already paid.

2. The facts from which the controversy arises are these:

The complainant, Sikka Paper Limited, is a limited company engaged in the manufacture of paper having a paper mill unit in District Muzaffarnagar (U.P.). For want of regular and continuous supply of electricity from the Uttar State Electricity Board, the complainant purchased the Diesel Generating Set of 1000 KVA of Kirloskar Cumins Limited with alternator of 1250 KVA for the smooth running of its unit. The said diesel generating set along with alternator was got insured by the complainant for a period from April 8, 1999 to April 7, 2000 for Rs.35,00,00