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Judgment
APPELLANT was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondent Insurance Company.
UNDISPUTED facts of the case are that the appellant who was a dealer and exporter of tobacco and cotton, had got its premises insured with the Insurance Company for a sum of Rs. 4,00,000 . There was a cylonic storm on 9th and 10th May, 1999, damaging his tobacco godown. The matter was reported to the opposite party and the claimed amount was estimated at Rs. 1,40,111 . A surveyor was appointed but since the claim was not getting settled, a complaint was filed before the State Commission, who after hearing the parties dismissed the complaint. Aggrieved by this order this appeal has been filed before us. It needs to be noted that it is second round of litigation.
We heard the learned Counsel for the appellant as also perused the material on record. We see that as per the conditions of the policy, as rightly held by the State Commission, the insurers have settled the claim after catering for ''Excess'' and ''Average'' clauses. State Commission after taking into consideration these two clauses relating to ''Average'' and ''Excess'' as rightly, in our view, held that the appellant shall be entitled to Rs. 98,824 along with interest @ 18% p.a. from 12.9.1990. State Commission has also noticed that an execution petition (EP) was filed and it was also noted in the impugned order that the State Commission vide its order dated 2.2.1995 the insurers had settled the claim and execution petition (EP) was closed.
AS before the State Commission, so before us, the learned Counsel for the appellant has not been able to satisfy us as to upon payment of what amount, the execution petition was closed as satisfied. Learned Counsel for the appellant was candid enough to state that she has no instruction on the subject from the appellant. In the aforementioned circumstances, like State Commission, we find no merit in this Appeal as the Insurers have already settled the claim to the satisfaction of the appellants.
THIS Appeal devoid of merit, hence dismissed. Appeal dismissed.