JUDGMENT :

R. SUBHASH REDDY, J.

1. This Civil Appeal is filed by the appellant/the Oriental Insurance Company Limited, aggrieved by the order dated 28.02.2019 passed in O.P. No. 53 of 2005, by the National Consumer Disputes Redressal Commission, New Delhi. By the aforesaid order, the National Commission has allowed the complaint filed by the respondent/complainant Company and directed the appellant to pay a sum of Rs. 4,68,33,840/- towards the loss suffered by the respondent, in terms of insurance policy along with interest @ 6% per annum from the date of filing the complaint till the date of payment.

2. The respondent is a company which runs a Hydro Power Project around Malana Nalah. The respondent was interested in securing an indemnity in respect of any shortfall that may take place in aggregate annual power generation at its Hydro Power Plant due to failure of hydrology which depends upon vagaries of nature.

3. For the year 2001-02, the respondent has obtained policies from M/s. IFFCO-TOKIO General Insurance Company. M/s. IFFCO-TOKIO General Insurance Company provided a package deal of the two insurance policies to the respondent. First one was Industrial All Risk Insurance Policy