ORDER

Order dated 21.12.2009 passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh, (in short ‘the State Commission’) in Consumer Complaint No.45 of 2006 has been challenged in appeal by the appellant M/s. National Insurance Co. Ltd. on the ground that damage caused to the machinery is not due to any peril operating under the insurance policy, rather, it is covered under the exclusion clause given in the policy.

2. Brief facts of the case are that complainant/respondent is a Government of India Enterprise situated at Vishakhapatnam 530 012 (A.P). The appellant/opposite party is a registered insurance company. Complainant is engaged in manufacturing of heavy engineering equipments for oil refineries, steel plants, fertilizers, defence etc. Complainant secured a contract with IOCL and in the pursuance of the contract, it placed a purchase order with M/s. Ingersoll R Ahmedabad, the supplier, for design, manufacture, supply, and supervision for erection, field testing and for commission of two air compressors. Thereafter, complainant took Marine-Cum-Erection Insurance Policy No.550704/04/2000/500058 from the opposite party/appellant for a period from 19.1.2001 to 1