JUDGMENT :

N. NAGARESH, J.

1. The petitioner, a Company engaged in the business of General Insurance, has filed this writ petition seeking to set aside Ext.P10 Award passed by the Insurance Ombudsman, Kochi.

2. The petitioner states that the 1st respondent- Partnership Firm had taken a Standard Fire and Special Perils Insurance Policy from the petitioner. The insurance coverage was for destruction or damage of rice mill insured and described in the schedule, by any of the perils specified therein during the period of insurance. The 1st respondent made a claim that the chimney of their rice mill was broken in the alleged storm/heavy wind and rain on 25.06.2013 between 1 a.m. and 6 a.m.

3. On receipt of the claim, the petitioner deputed a duly licensed Surveyor and Loss Assessor. The Surveyor submitted immediate Loss Report dated 10.07.2013 and a detailed final report dated 26.10.2013. The petitioner would submit that the claim of the 1st respondent that the chimney was damaged due to storm/heavy wind is incorrect. The chimney was corroded and holed near the flange joint. The Surveyor reported that the storm/heavy rain were at various other locations and not in the locality surrounding t