B.K.TAIMNI, S.N.KAPOOR
United India Insurance Co. Ltd. – Appellant
Versus
Sri Dwarika Dhees Industries – Respondent
S.N. Kapoor, Presiding Member— United India Insurance Company Limited is aggrieved by the direction of the State Commission to pay a sum of Rs.15,78,279 alongwith interest @18% p.a. from the date of complaint till the date of payment alongwith cost of Rs. 3,000.
2. Shri Dwarika Dhees Industries a partnership firm running a rice mill got it insured and obtained a Fire Policy ‘C’ valid between 6.12.96 to 5.12.97 covering the risk in all of Rs. 55,00,000 (Rs. 35,00,000 for building and Rs. 20,00,000 towards plant & machinery and accessories). This policy covered the risk of damage by fire, lightning, explosion, implosion, impact by any rail/road vehicle, riot and strike. Unfortunately, in the night of 17/18.4.1997, there was a thunderstorm with lightening and high velocity winds. On account of the lightning, the walls of the godown of the western side of the rice mill collapsed and due to the collapse of walls of godown, the driers three in number, elevators ten in number, chimneys two in number, pipe line with two inch C-class pipe of the boiler of the valves were also damaged. An information of this incident was communicated to the Insurance Company on 18.4.96. Thereafter, the
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