O R D E R

The petitioner is engaged in the business of power generation and manages three Coal based Thermal Power Plants at Gummidipoondi. Unit-I and Unit-III of the Thermal Plants are stated to be insured with M/s.United India Insurance Company Limited and Unit-II with the respondent herein, being the Oriental Insurance Company Limited. A Fire Industrial All Risks Policy had been taken bearing No.520000/11/2013/101 dated 04.09.2012 for the period 04.09.2012 to 03.09.2013 for a sum insured of Rs.2,74,05,00,000/-. The policy covered building, furniture, fittings, plant and machinery and omission to insure.

2.Apart from loss of profit for Fire and Machinery breakdown, an endorsement was made to the policy on 07.12.2012 to include the stock of Coal covering a value of Rs.15 crores with spontaneous combustian risk/cover. The period of insurance was amended to read 01.09.2012 to 31.08.2013 by way of an endorsement made on

07.09.2012. The lending bank interests were also suitably amended on 18.12. 2012.

3.The petitioner intimated the respondent that 'hotspot' had been observed on

31.05.2013 at 15.00 hours and the same commenced burning at 19.30 hours on 03.06.2013. One M/s.L.S.Surveyors had