J.M. Malik, Presiding Member—This cases was remanded by the Hon’ble Apex Court with the direction to decide, “Whether, the complainant was entitled to damages on account of “Loss of Profit” (in short, ‘LOP’)?”.

2. This is a claim made by Rotex Automation Ltd., the complainant, against United India Insurance Co. Ltd., the OP, with the following prayers :

“i) Rs.11,087/- for damage to the plants and machineries;

ii) Rs.57,71,000/- for loss of profit as explained in the petition

So total loss comes to Rs.58,88,000/- plus interest at the rate of 18% from Jan, 1998 to June, 2001 which will make total loss of Rs.1,04,65,420 (Rs.57,82,000/- + Rs.46,83,420)

b) direct the respondent company to pay the aforesaid amount of Rs.1,04,65,420/- with further interest @ 18% from July, 2001 till its realisation.

The complainant has also claimed damages in the sum of Rs.5,00,000/-. This complaint was filed before this Commission as back as on 14.09.2001.

3. The facts germane to this case are as follows. The complainant has its factory at Vadodara, Gujarat, where, it transacts the business of manufacturing valves, pneumatic elements, etc. In order to safeguard the interest of the complainant, again