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V.K.JAIN
Silver Ginning Industries – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Counsel for the Parties:
For the Complainant:Mr. Kumar Bhanu and Mr. Prabhat Kumar Rai, Advocates

ORDER (ORAL)

V.K. Jain, Presiding Member—The complainant took a loan of Rs.4 crore from OP-2 which is a cooperative bank. He also took a Standard Fir and Special Perils Policy from OP-1 Oriental Insurance Co. Ltd. for the period from 20.11.2014 to 29.11.2015 which was later renewed for the period from 20.11.205 to 29.11.2016. The insurance policy covered the plant and machinery as well as the building of the complainant. The insurance policy provided STFI Cover, Fire Basic Cover and Earthquake Cover to the complainant. It was stated in the insurance policy that it was subject to conditions, clauses, warranties and endorsements as per the form attached. The complainant has also placed on record the coverage under the policy as well as the terms and conditions forming its part. The aforesaid document to the extent it is relevant, reads as under:-

“I. Fire

Excluding destruction or damage caused to the property insured by a) i) Its own fermentation, natural heating or spontaneous combustion ii) Its undergoing any heating or drying process. b) Burning of property insured by order of any Public Authority.

II. Lightning

III. Explosion/Implosion

Excluding loss, destruction of or dama

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