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STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

MAHARASHTRA, MUMBAI

FIRST APPEAL NO.A/06/279

New India Assurance Co.Ltd.

Through Divisional Manager

Naik Complex, Shivajinagar,

Ratnegiri.

Now through Manager

Regional Office

Sharada Centre,

Off Karve Road,

Pune.

Appellant(s)

Versus

Mr.Prasad Jaywant Pokade

R/at Post Dorle

Tal & Dist. Ratnagiri.

Respondent

BEFORE:

Mr.Justice Pukhraj R. Bora, President

PRESENT:

For the

Appellant(s): Advocate S.N.Bhalerao

For the

Respondent(s): Advocate Digambar Thakare

ORDER

(Dated 15^th September, 2021)

Per: Mr.Justice Pukhraj R. Bora, President

1] Aggrieved by the Judgement and Order rated 28/12/2005 delivered by the

Consumer Disputes Redressal Forum (now Commission) Ratnagiri in consumer

complaint No.75 of 2004 the opponent therein has filed the present appeal.

2] Respondent herein who is herein after referred to as the ‘complainant’

had filed the aforesaid consumer complaint raising grievance against appellant

Insurance Company for wrongly repudiating his claim and alleging deficiency

in service on the part of the appellant Insurance Company.

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3] Complainant had purchased policy of insurance for his shipping boat on

30/12/2003 from the appellant Insurance Company. The said shipping boat met

with an accident on 01/01/2004 and the complainant suffered a total loss. He,

therefore, raised claim with the Insurance Company seeking compensation of

Rs.6,00,000/- for the total loss of the shipping boat insured with the appellant

Insurance Company. The appellant Insurance Company rejected the claim of the

complainant on the ground that the claim raised by the complainant was false

since the was in fact purchased after the shipping boat met with an accident.

According to the Insurance Company the shipping boat insured with it had met

with an accident on 30/12/2003 in the morning hours whereas the complainant

had purchased the policy of insurance covering the risk of the said boat in the

evening of 30/12/2003.

4] Against the rejection of his claim by the Insurance Company,

complainant preferred the consumer complaint before the District Consumer

Disputes Redressal Commission at Ratnagiri seeking compensation of 6 lakhs.

The claim of the complainant was resisted by the appellant Insurance Company

on various Grounds. As noted hereinabove the main ground was that the

complainant purchased the subject policy after his shipping boat met with an

accident by collided. The District Commission was however pleased to allow

the complaint filed by the complainant. The District Commission has directed

The Appellant Insurance Company to pay the amount of Rs.6,00,000/- to the

complainant with interest thereon @ 9% p.a. from 25/05/2004 till its realisation.

The District Commission has also awarded Rs.5,000/- towards costs of

complaint.

5] Aggrieved by, the Insurance Company has filed the present appeal.

Learned counsel appearing for the appellant Insurance Company submitted that

after some doubts were raised about the claim made by the complainant the

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appellant Insurance Company had appointed one J.Basheer & Associates

Surveyors Private Limited to conduct an enquiry into the matter and submit the

report. The learned counsel further submitted that as per the report submitted

by J.Basheer & Associates Surveyors Private Limited, the shipping boat owned

by the complainant had sunk on 30/12/ 2003 in the morning hours that is prior

to the purchase of the policy for said shipping boat by the complainant. The

learned counsel taking me through the

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