The insurance claim for loss due to adverse weather, including lightning, was upheld, establishing that such perils were covered under the Standard Fire & Special Perils Policy.

ORDER

JUSTICE A.P. SAHI, PRESIDENT

1. The Complainant suffered a loss on account of adverse weather conditions which the Complainant alleges to be a thunderstorm combined with lightning. The loss occurred at the Sun Star Tangra Plant where a lightning according to the Complainant struck the Sun Star Rice Sheller Plant line 1 on 1.6.2011. The damage was coupled with loss of life and harm to other properties and some workers were also injured who were sent to Jain Hospital Jandiala. The damage was to the Parboiling Plant of the unit. The intimation about the incident was given telephonically and also sent in writing to the Insurance Company through the letter dated 02.06.2011. The letter dated02.06.2011 is extracted hereinunder:-

“Dated 2/6/2011

To,

The SDM

National Insurance Co. Ltd.

Queens Road Amritsar.

Sub: Loss of Plant due to heavy rain, storms, lightening intimation reg.

Dear Sir,

This is to confirm the telephonic intimation to you regarding the loss to our plant due to heavy rain, storm & lightening.

Kindly arrange for survey.

For Sunstar Overseas Limited.

Sd/-

Authorized Signatory”

2. The Complainant raised an estimated loss of Rs.4 crores vide his letter dated 12.06.2011 stating therein that the loss suffered was due to heavy storms, lightning and heavy rain.

3. Mr. Sumant Sud was appointed as a Preliminary Surveyor who conducted his survey and tendered his report dt. 13.06.2011.

4. The preliminary surveyor‟s report dt. 13.06.2011 is extracted hereinunder:-

5. The preliminary surveyor also submitted an addendum on 22.06.2011 which is extracted hereinunder:-

6. The Insurance Company appointed M/s. J. Basheer & Associates as a final surveyor, queries were raised from the Complainant to which reply was given with the documents alongwith the same on 30.07.2011. An expert report was also obtained from Dr. J. Prasad, Associate Professor, Department of Civil Engineering, Indian Institute of Technology, Roorkee who certified his report alongwith his calculations which is extracted hereinunder:-

7. The Surveyor, M/s. J. Basheer & Associates submitted their report on28.09.2012 and the same is extracted hereinunder:

8. After having received the reports, the Insurance Company came to the conclusion that peril was not covered and accordingly the claim was repudiated vide letter dated 06.03.2013 which is extracted hereinunder:-

“ NATIONAL INSURANCE

D.O. III, Queens Road, Amritsar-143001

Ph. 01835098941 (D)

Fax 0183 22234791688

Regd.

Dated: 6/3/13

Sunstar Overseas Ltd., NH-1, G.T.Road, Tangra, District Amritsar (Punjab)Pin-143009

WITHOUT PREJUDICED

Dear Sirs,

Sub: Fire Claim under Fire Policy No. 404400/11/3300000608 Date of Loss on01-06-2011-M/s Sunstar Overseas Ltd.

This refers to your letter dated 02.06.2011 intimating us that the loss had occurred in your plant on the night of 01-06-2011 due to heavy rain, storm & lightening. The surveyor Sh. Sumant Sud was deputed for preliminary survey and he visited your premises on 02-06-2011 and 04-06-2011 and thereafter submitted his report dated13-06-2011.

For assessment of loss the surveyors M/s J. Basheer & Associates Surveyors Pvt. Ltd. were deputed and who visited your premises on 28-06-2011 and also held discussions with you. After the discussions with you and on going through the documents submitted by you, the surveyor has submitted his report dated 28-09-2012. We have carefully examined the survey report dated 28-09-2012 and the other documents in the claim file and have to observe as under :

1. That as per the information given by you to police about the occurrence of loss, that during the night