PREM NARAIN
New India Assurance Co. Ltd. – Appellant
Versus
Jamia Hamdard – Respondent
This revision petition has been filed by the petitioner New India Assurance Company Limited against the order dated 28.04.2015 passed by the State Consumer Disputes Redressal Commission, Delhi (in short ‘the State Commission’) in FA No. 720/2008.
2. Brief facts of the case are that on 12.8.2004, EPABX system (Alcatel) 4400 installed at the office of respondent was insured under Fire & Special Perils Insurance Policy No.310701/11/04/00357 for the period 12.8.2004 to 11.8.2005 for a sum insured of Rs.15,00,000/-. On 02.10.2004, it was reported that the said EPABX went out of order since 2.10.2004 and was claimed to be total loss. The surveyors, M/s. Insurance Technical Services inspected the affected machine on 28.10.2004. A claim for Rs.9,24,000/- was submitted by respondent to the surveyors. After applying under-insurance of 18.83% and the applicable excess clause the surveyor assessed the net amount of loss at Rs.7,40,011/- and submitted their report dated 24.1.2005. The Service Engineers of the insured machine had confirmed that the damage has taken place to the system cards due to very high voltage due to lightning and the surveyor agreed with the views of the Service Engi
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