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Judgment
AFTER hearing Counsel appearing on both sides we consider that the interests of justice will be adequately met by the following directions being given:�
THE Insurance Company (1st Opposite Party herein) shall within six weeks from today quantify the amount payable to the Complainant, as representing the loss caused to the mills on account of incidents of fire in question and pay the said amount to the Complainant after deducting any sums that may be due to the Insurance Company by way of deficit premiums in respect of the aforesaid policies. The amount so quantified shall be paid by the Insurance Co. to the Complainant within six weeks from today. If the Complainant is dissatisfied with the quantification made by the Insurance Company, it can either resort to the remedy by way of arbitration if any clause in that regard is contained in the policies or approach the Civil Court for relief. The Original Petitions are disposed of with these directions. It is made clear that in any action that may be instituted by the Complainant before the Civil Court it will be open to it to claim all reliefs that it may be entitled in law. We consider that there was absolutely no justification at all for the complainant to implead the Surveyor as O.P. No. 2 in O.P. No. 50 of 1993. We direct that the complainant shall pay a sum of Rs. 3,000/- by way of costs to the Surveyor. This amount shall be paid within a period of six weeks from today.