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Judgment
HEARD Mr. Dutta the learned Counsel for the Oriental Insurance Co. Ltd. None appears for the respondent - complainant. The impugned order is dated 37.1995 of the District Forum, Khurda at Bhubaneswar directing the appellant to pay a sum of Rs. 4,750/- along with interest @ 15% per annum for the mechanical defect of the bottle- cooler which the complainant claimed to have insured with the present appellant-Insurance Company is challenged before us.
THE District Forum in para-5 of the judgment though specifically held that the insurance policy did not cover to indemnify the complaint for any loss on account of any mechanical defect for the bottle-cooling machine, yet deputed one Surveyor and on the Surveyor''s direction the bottle-cooler was repaired at a refrigeration centre. THE Insurance Company was made liable because of such action of the Surveyor. We have carefully gone through the case of the parties. The insurance policy which is admittedly the policy bearing No. 48/93/00077/ NTB/SKP, clearly mentions therein, that the insurance policy covered only for loss on account of fire and allied perils and Clause-B contains only insurance in relation to furniture, fixtures, fittings and stock in trade consisting articles as per schedule attached and of the total value about Rs. 2,00,000/-. It is apparent that the policy did not cover the loss on account of any mechanical defect of the bottle-cooling machine. In view of this we do not find the complainant has any case. The judgment of the District Forum is erroneous, having been passed with a wrong reasoning. We, therefore, set aside the order and allow this appeal but without any cost. Dr. Arati Mohanty, Member-I agree. Mr. Pramodnath Das, Member-I agree. Appeal allowed.