J U D G M E N T

The suit has been filed by the plaintiff seeking compensation for the loss caused to the Solar panels of the plaintiff due to the cyclonic storm that hit the area around the factory area of the plaintiff in Jodhpur District of Rajasthan on 13.05.2012.

Brief summary of the plaint is as follows:

2. The plaintiff is a Private Limited Company having their Registered Office at Chennai and the Factory premises is at Tinwari Village, Tehsil Osian, Jodhpur District of Rajasthan. The plaintiff is engaged in production of power using solar panels and it supplied such power to various Central and State Government undertakings. In order to cover the risk of natural calamities the plaintiff had obtained Fire and Special Perils Policy and Business Interruption Policy. The plaintiff had obtained the policy bearing No.71030011110100000134 covering Fire and Special Perils and Policy No.71030011110500000003 covering Business Interruption Policy from the 1st defendant covering the risks for 5 MW Solar Power plant inclusive of the Solar panels installed at the plant, transformer cables, electrical equipments, and other miscellaneous assets against the loss/damage caused by Fire, Lightening, Explosion/Implosion, Bush Fire, Missile testing operations, Impact damage due to rail, road, vehicle, or animal, Aircraft damages, Bursting/Overflowing of water tanks/Pipes/Apparatus, Sprinkler Leakage, Storm, Cyclone, Typhoon, Hurricane, Tornado, Flood, Inundation, etc., the period of Insurance is from 29.02.2012 to 27.02.2013.

3. According to the plaintiff, there was a “Severe Cyclonic Storm”

with Hurricane wind, heavy rain and lightening occurred in and around the factory premises of the plaintiff between 00:50 to 02.10 hours and 20:35 to 23:35 hours. It is claimed that the squelly weather continued for a few days. As a result the Insured property, viz. Solar Panels and other materials were badly damaged. The thin sheets of solar panels were thrown away from the table causing wide damage. The plaintiff would also rely upon the weather report issued by the Director of the India Meteorological Department (IMD) dated 02.07.2012 to show that a severe Cyclonic Storm had occurred in the area of the factory of the plaintiff. Therefore, the plaintiff had lodged a claim with the defendant/Insurance Company, which had assigned a Surveyor to assess the loss. The said Surveyor had found that about 1394 numbers of Solar Panels belonging to the plaintiff are damaged, the Surveyor had advised the Plaintiff to replace the same. After replacing the solar panels the plaintiff submitted a claim for the actual loss at Rs.58,64,642/- for the damages caused under the Fire and Special Peril Policy and a sum of Rs.21,66,037/- under the Business Interruption (Fire) Policy. The Surveyor had assessed the loss at Rs.19,49,994/-. However the Insurance Company vide its letter dated 05.07.2013 repudiated the claim of the plaintiff on the ground that the cause for damage was not covered by the policy. In view of such repudiation the plaintiff has come forward with the present suit, claiming indemnification by the Insurance Company.

4. The suit is resisted by the defendants contending that the cause of the loss is not covered by the Policy. The defendants would claim that though the area in which the factory of the plaintiff is situate had experienced bad weather during May 2012, there was no severe cyclonic storm as alleged by the plaintiff. Relying upon the Beaufort wind force scale, it was pleaded by the Insurance Company that the velocity of the wind has been reported to be only at 32 km per hour and therefore, there was neither Storm nor Hurricane in the area on 13.05.2012. It is also claimed that a severe cyclonic storm must be a storm which has got a speed at the surface level between 34 to 47 knots. In the case on hand even according to the IMD report, it is seen that the wind speed was only about 32 km per hour and therefore, there was no Storm or Harricane. It is also