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DIPANKAR DATTA, MANMOHAN
Orion Conmerx Pvt. Ltd. – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT
MANMOHAN, J.
1. Cross Appeals have been filed challenging the order dated 10th August 2020 passed by National Consumer Disputes Redressal Commission (herein after referred to as the ‘National Commission’), wherein the consumer complaint No.248 of 2012 filed by M/s Orion Conmerx Pvt. Ltd. (hereinafter referred to as ‘Insured’) was partly allowed and it was held by the National Commission that the Surveyor ‘had not proved that the fire was not accidental’ and that the documents provided by the Insured, namely, reports of the Bank Auditor, Architect and Chartered Accountant were adequate to assess the loss caused. Further, the National Commission held that the assessment of the loss at Rs.61,39,539/- by the Surveyor was rightly done taking into account the material lost in the fire and the documentary evidence (after the exclusion of furniture, fittings and fixtures, as they were not insured) and the said amount was directed to be paid with simple interest @ 9% per annum, with effect from the date of repudiation of the claim till realization, by the National Insurance Co. Ltd. (hereinafter referred to as ‘Insurance Company’) to the Insured within eight weeks.
ARGUMENTS ON BEHALF
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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