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C.VISWANATH, RAM SURAT RAM MAURYA
Rai Bahadur Narain Singh Sugar Mills Ltd. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. S.M. Tripathi, Advocate
For the Opp. Party:Mr. A.K. De, Advocate

ORDER

1. The present case is filed under Section 21(a) (1) of the Consumer Protection Act, 1986.

2. Case of the Complainant is that they obtained a Standard Fire and Special Perils Insurance Policy No.080500/11/08/110000049 from the Opposite Party by paying a premium of Rs.7,58,430/-. The Policy was valid from 16.05.2008 to 15.05.2009 and covered the risk to the plant & machinery for Rs.117 crores and factory building and office building for Rs.8 crores. The Insured property was also hypothecated with various Banks named in the Policy.

3. On 08.12.2008, at about 1 pm, during the trial of 10 MW turbine, suddenly lubrication oil pipe burst resulting in fire due to which the turbine was burnt. The Fire Brigade was called which controlled the fire after great effort. On 08.12.2008, the matter was also reported to the Police. The Opposite Party Insurance Company was informed of the incident, vide letter No.F/DGMF/5748 dated 08.12.2008, requesting them to depute a Surveyor at the earliest to assess the damage. The Opposite Party deputed M/s Mack Surveyor Pvt. Ltd. as Surveyor to assess the loss. The Surveyor visited the factory on 15.12.2008 and made enquiry and took photographs. On 16.1

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