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Judgment
THIS appeal is directed against the order passed by the District Forum, Malappuram in O.P. No. 663/93. The opposite party is the appellant:
THE complainant is the owner of the Refrigerator and Air Conditioner which were insured with the United India Insurance Company Ltd. The policy was valid upto 8.6.93. On 12.1.93 at about 7.30 p.m. the Refrigerator and Air Conditioner were got damaged due to severe power fluctuations, inspite of precautions taken by providing stabilizer and other equipments. The complainant also alleged that food items like meat, fish etc. stored in the refrigerator were also spoiled. For many days nothing could be stored in the Refrigerator and the Air Conditioner room could not be let out due to failure of the Air Conditioner. It got repaired on 4.2.93. A Surveyor deputed by the opposite party visited and examined the items. But the claim was not settled. It is on hese allegations the complaint was filed. The opposite party alleged that no proper precautions were taken to prevent and protect damaged items insured. They also stated that the policy does not visualise coverage of risk for food items or for revenue loss sustained by the complainant due to damage to the Air Conditioner. The opposite party did not produce re - ceipts to prove the cost, date of purchase etc. of the insured articles and accordingly the opposite party after deducting depreciation on replaced parts and considering labour charges made a fair offer which complainant refused to accept.
THE District Forum held that the opposite party delayed settlement of the claim. In that view it ordered the opposite party to pay Rs. 1,350/ - towards repair charges of Refrigerator and Rs.695/ -towards repair charges of A/C. In addition to that the District Forum ordered to pay to the opposite party Rs. 3,600/ - stating that A/C room could not be used for 24 days and another sum of Rs. 1,000/ - towards compensation for the delay and Rs. 500 / - towards cost. It also directed the opposite party to pay the total amount of Rs. 7,145/ - to the complainant within one month.
FEELING aggrieved by the said order this appeal has been preferred. We issued notice to the respondent/ complainant. Pursuant to the notice the complainant appeared through a Counsel. However when the case is taken up neither the complainant nor his Counsel was present. We heard the Counsel appearing for the appellant.
IN our view the District Forum went wrong in awarding compensation on the ground that for 24 days A/C room could not be let out. The insurance policy does not cover such risk and, therefore, that direction is clearly illegal. From the version it appears that the opposite party offered to pay Rs. 1,350/ - and Rs. 695/ - as repairing charges but that was not acceptable to the respondent and in the circumstances we do not think that the District Forum was justified in awarding a compensation of Rs. 1,000/ - and cost of Rs. 500/ -. We, therefore, vacate direction for payment of these amounts. In the result in modification of the order passed by the District Forum, we direct the opposite party to pay Rs. 2,045/ - together with interest at the rate of 12% from 12.1.93. The appeal is disposed of as above. Order modified.