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A. P. SAHI, BHARATKUMAR PANDYA
Auto Profiles Ltd. – Appellant
Versus
United India Assurance Company Limited – Respondent
ORDER
A.P. Sahi, President—This is a complaint alleging deficiency against the Insurance Co. for having unjustifiably repudiated an insurance claim of the Complainant regarding a loss suffered on account of inundation and floods in the premises of the Complainant.
2. The Complainant is a Company involved in the manufacturing and production of all sorts of Metallic and Non-metallic Auto-Mobile components as well as manufacturers for General spares in other fields as well. The factory of the Complainant is situate at Adityapur Industrial Area of Jamshedpur, now in Jharkhand. The plant of the Complainant is situate at a vantage point which is at the confluence of two rivers and the area is affected by serious floods and inundation during the rainy season.
3. A heavy unprecedented rainfall occurred on 16/17/18.06.2008 and the downpour was unprecedented. Both the rivers Kharkai and Subarnarekha overflowed and crossed the danger marks of water level that spread over entering into the area of TATA-Kandra Main Road which is located at a lower level, and since the plant of the Complainant is located in that area only, the same was flooded and not only the Complainant’s but the neighbouring uni
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