J.M. Malik, Presiding Member—Shri Ganesh Metal Industries, the complainant, is a partnership firm with Shri Geharilal D. Sanghvi (HUF), Shri Dinesh G. Sanghvi, Shri Manoj G. Sanghvi and Mrs. Basantiben G. Sanghvi, as partners. The complainant firm transacts the business of manufacturing of aluminium ingots, shots, alloys, extrusions, powder, dross etc. The factory is situated at Thane. The complainant/firm obtained two fire policies from Oriental Insurance Company Ltd./OP. for a sum of Rs.40 lakh and Rs.35 lakh, respectively. Copies of policies have been placed on record as annexure A & B. Both these policies also cover special Perils. The complainant/firm has another sister concern viz. Sanghvi & Sons, which also stores its material/stock in the godown belonging to the complainant firm. The sister concern has separate insurance policies covering their own stocks, from the OP.

2. Unfortunately, the insured’s properties of the both the above said concerns were heavily damaged due to storm and rainwater on 23rd and 24th August, 1997, during the subsistence of the insurance po