K.R. Udayabhanu, President—The appellants are the opposite parties/insurance company in CC.179/08 in the file of CDRF, ldukki. The appellants are under orders to pay a sum of Rs.2,70,000/- towards the assured sum and Rs.2000/- towards cost.

2. It is the case of the complainant that he was running a home stay classified as ‘’Diamond’’ category. The building was covered by the standard fire and special perils policy of the appellant On 29/7/2008 during the period of coverage on account of heavy wind and rain which was present in the area from 26/7/2008 till 30/7/2008, at about 6.30am a big iron wood tree fell on the building. The top portion of the building, the first floor and the side room was fully crushed and there was damage to the furniture, fitting etc. causing a loss of Rs. 30. lakhs altogether. He was running the home stay availing a loan of Rs.17. lakhs from the KFC. On the same day the matter was reported to the opposite party and a surveyor visited the property by the evening. The complainant also got the damages assessed by a competent Engineer on 29/8/2008 and he has assessed a sum of Rs.5.5lakhs.On 6/9/2008 another surveyor visited the site and assessed the da