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Judgment
R.L. Khurana, J.—The Himachal Pradesh Tourism Development Corporation Ltd., hereinafter referred to as the Plaintiff, was running a Hotel under the name and style of "Hotel Wild Flower Hall" at Charrabra about 13 Kms. away from Shimla. During the period 11.7.1992 to 10.7.1993 the Plaintiff had insured the hotel building, huts, furniture, fixture and fittings etc. with the Defendant Insurance Company for a sum of Rs. 80,00,00/- (eighty lacs), that is, Rs. 70 lacs for building and Rs. 10 lacs for furniture, fixture and fittings etc.
A devastating fire broke out on the evening of 4.3.1993 and in such fire the hotel of the Plaintiff was completely destroyed. A claim for such loss was lodged by the Plaintiff with the Defendant. One Shri Umesh Kumar Sood, Surveyor and loss Assessor, Shimla was appointed by the Defendant to carry out the preliminary survey of the loss due to fire. The Surveyor submitted his preliminary survey report dated 8.3.1993. On the receipt of such preliminary survey report, the Defendant, appointed Messrs Mehta and Padamsey, Surveyors (Pvt.) Ltd., New Delhi, to carry