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B.K.TAIMNI, S.N.KAPOOR
New India Assurance Co. Ltd. Through Divisional Manager – Appellant
Versus
Eastern Electro Chemical Industries – Respondent


Counsel for the Parties:
For the Appellants:Mr. Jos Chiramel with Sh. Neeraj Gupta, Advocates.
For the Respondents:Mr. Deepesh Joshi, Advocate.

ORDER

S. N. Kapoor, Presiding Member— The appellant/opposite party insurer is aggrieved by the direction issued by the State Consumer Disputes Redressal Commission, Madhya Pradesh to pay Rs.2,51,619 with interest @ 6% p.a. from 2.2.93 in respect of insurance claim.

First, the facts in brief:

2. The complainant obtained insurance policy as per Annexure-1, for a sum of Rs.12,00,000 relating specifically mentioning the insurance of Submerged Arc Furnace with lining shell, inter connecting material, inter connecting cables II KV & LV side circuit bricks. The machinery for a sum of Rs.5,00,000 and Arc Furnace with lining shell for a sum of Rs.7,00,000 were sought to be insured. A sum of Rs. 48,511 was paid as premium. Though the proposal was sent on 13.9.91 but the policy was not sent. Due to explosion on 25.1.92, the insured sub-merged Arc Furnace was completely damaged. Intimation was given telephonically as well as in writing to the Insurance Co. On 27.1.92, the complainant submitted a claim form and claimed the amount of Rs.5,00,199.09 paise. Policy dated 9.12.1991 was delivered to the complainant on 24.2.1992 annexing endorsement excluding from its scope of cover the damages as to












































































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