ORDER

J.M. Malik, (P.M) - M/s. Eggro Paper Moulds Limited, the complainant, obtained various policies in respect of its stock as well as building, plant and machinery, since the year 1990-91, from M/s. New India Assurance Co. Ltd., the OP. During the subsistence of the policies, on 08.05.1996, a big fire took place at the factory premises of the complainant at Jagdishpur, District Sultanpur, U.P., for which substantial loss to the stocks as well as to the building, plant and machinery took place for which the complainant lodged a claim of Rs. 139.45 lakhs. The OP paid a total amount of Rs. 49.53 lakhs towards the loss. The balance amount was not paid despite the request made by the complainant vide its letter dated 06.05.1998, copy of which has been placed on record as Annexure-A. The OP rejected the prayer for payment of the balance of amount of Rs. 89.92 lakhs vide its letter dated 13.07.1998.

2. It is contended that the complainant is entitled to Rs. 166.56 lakhs including interest @ 18% p.a. Consequently, the present Original Petition was filed before this Commission on 11.07.2000, however, the same was registered by the Registry, in the year 2002.

Defence :

3. The OP has listed