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In the matter of Smt. S. Meenakshi
Vs
New India Assurance Company Limited
1. This is a complaint filed by Smt.S.Meenakshi (hereinafter referred to as the complainant) against the New India Assurance Company Limited (hereinafter referred to as respondent insurance company) in respect of partial repudiation of accidental fire claim.
2. The complainant submitted that there was a fire in her kitchen situated in her residence and due to fire considerable damage was done in the kitchen. The complainant had household policy. She filed a claim for Rs.24715/- which was examined by a surveyor who assessed the loss at Rs.8250/- which has been paid to the complainant but the complainant was not satisfied with this amount. She desired that she be compensated more as her claim was much more than the loss assessed and been paid by the insurance company.
3. It has been stated on behalf of the company that the policyholder has been compensated adequately for the loss which occurred due to fire in the kitchen. The surveyor assessed the loss at Rs.8250/- after adjustment of depreciation and other deductions as per the policy conditions.
4. I have considered the submissions of the complainant and also seen the written submissions as placed on record on behalf of the company. After due consideration of the matter, I hold that the policy holder was not compensated for the loss occurred on account of fire in the kitchen as ought to have been done. The assessed loss was “considerably less than the loss occurred due to fire. While assessing the loss, the surveyor has committed a mistake by allowing 50% instead of 15% on the building portion. He also committed a mistake by deducting policy excess of Rs.1000/- instead of nothing. Thus in my considered view, it would be fair and reasonable if the assessed loss is taken at Rs.10500/- instead of Rs.8250/-. Since the complainant had already been paid Rs.8250/-, she will be further entitled to a sum of Rs.2250/-. Accordingly, the insurance company is directed to make a further payment of Rs.2250/- to the complainant.
5. The Award shall be implemented within 30 days of receipt of the same. The compliance of the Award shall be intimated to my office for information and record.
6. Copies of the Award to both the parties.
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