JUDGEMENT JUSTICE A. P. SAHI, PRESIDENT 1. This is a complaint with regard to a claim under Standard Fire Special Perils Policy taken by the complainant, a Cold Storage, and where the facts are that damage was caused to a consignment of Green Peas kept inside that suffered severe damage and was destroyed on 29.04.2017 when the roof of chamber no. 1 of the plant collapsed affecting more than 16 thousand boxes of peas of 35 kg each. The incident is said to have taken place at mid night. 2. The complainant submits that the duration of the insurance policy was between 08.03.2017 to 07.03.2018 and the risk of all sorts of such contingencies, including a storm, was covered. The claim was that the roof collapsed on account of the storm that hit the roof of the cold storage, and hence it deserved to be indemnified. 3. The claim was surveyed and a report dated 05.05.2017 by M/s. Mehta & Padamsey is on record. The said survey report states the collapse of the false ceiling of chamber no. 1 occurred because of the collapse of the wooden framework supporting the false ceiling, and there was no external damage. The claim was repudiated on 19.06.2017 which is extracted herein under: “19/06/2017 M/s. Green Land Fruits and Vegetables Kasganj Sikandra Rao Road Mohan Pura Kasganj Kasganj S.O. Kanshiram Nagar Uttar Pradesh Pin-207123 Ref: Claim no. : 2130003516 Policy no. : 2130/00929304/000/00 Date of Loss : 03/05/2017 Date of Intimation : 05/05/2017 Dear Sir, This is with reference to the above claim under Standard Fire and Special Perils Insurance Policy to the reported damages to the insulated roof which had collapsed and fallen on the stock of the frozen green peas. Immediately upon receipt of intimation we have appointed independent IRDA licensed surveyor of repute M/s Mehta & Padamsey Insurance Surveyors and Loss Assessors Pvt. Ltd, (who have more than 40 years of rich experience in insurance survey field) to carry out the survey and assess the loss. The surveyor has observed the following: - The proximate cause of loss (collapse of roof) was not due any of the insured perils like fire, lightning, flood, storm, tempest, inundation and or any other named peril in the policy. Please note that fire policy is a named peril and loss will trigger only in the event of occurrence of any of the named peril. In your claim, none of the insured peril had operated. Hence claim is not tenable as per policy terms and conditions.
We regret to inform you that your claim is not tenable as per policy terms and conditions and we are closing your claim NO CLAIM in our books of accounts. We hope you will appreciate our stand that payment of a claim has to be in accordance with the terms and condition of the policy issued and after establishing the operation of insured peril. While expressing our inability to pay this claim due to above mentioned reason, we reiterate our commitment to pay all admissible claims fairly and promptly. Thanking you and assuring you of our best services at all times. Yours truly. For Cholamandalam MS General Insurance Co. Ltd Sd/- Authorized Signatory” 4. This repudiation was preceded by a preliminary survey dated 05.05.2017 and then a final survey dated 23.05.2017. The first preliminary survey report dated 05.05.2017 is reproduced herein under: “M/s Green Land Fuit & Vegetables (P) Ltd. Kashganj Sikandara Rao Road Mohanpura Kashganj, Kashganj S.O. Kanshiram Nagar Uttar Pradesh -207123 Kind Attn. Mr. Nagendra Singh Dear Sirs, Re: Your claim for loss to collapse of insulated false ceiling chamber no.1 of your cold storage reportedly on 29th April, 2017 at your above premises covered under Standard Fire & Special Peril Policy No. 2130/00929304/000/00-Policy issued by Cholamandalam MS General Insurance Company Limited. We refer to our visit on 03/05/2017 to your affected premises in connection with the survey and assessment of your above loss. During our visit, we inspected the damage caused took note of the preliminary circumstances of the loss and collected whatever information documents that were readily made available. During our visit we observed the following: 1. The insulated false ceiling of Chamber No. 1 was in semi collapsed state. 2 The thermocol insulation, tin sheets, ply wood etc. had fallen down in patches and also part of side walls had been found in hanging condition. 3. We were informed in writing by you that the supervisor on duty had heard some sound from Chamber No. 1 on 29/04/2017 at about 11.00 am, and on inspection he found that the insulated false roof had collapsed and fallen on the floor and stocks of frozen green peas and hence the sound. 4. The false ceiling had collapsed on its own and we did not find any evidence of external accident or peril such as incident, flood, storm or any of the peril named in the policy held by you had operated to cause the collapse. 5. We along with you had measured the temperature of the Stocks of frozen green peas in Chamber No. 1 during our visit (after 3-4 days) of the loss and found the temperature in the range of -8 C the process of taking the temperature was video graphed in your presence. 6. That you had shifted 4,285 bags to Chamber No.1. The bags in Chamber No. 1 could not be counted as the false ceiling was in precarious condition and it was not safe. 7. We inspected Chamber No. 2 and found that the insulated false ceiling of this Chamber had been supported by two steel pipes and distinctive sag could be seen. We understand that this false ceiling may also collapse in due course of time. We would therefore request you to take adequate steps to restore/protect the insulated false ceiling of this Chamber. Kindly now provide us with the following information documents to enable us to proceed further with the processing of your claim. 1. We understand that no fire brigade and or Police was informed about the incident. 2. A detailed statement describing the Occurrence. Please describe the origin of collapse of false ceiling its detection and what may have caused it to collapse on its own. 3. Floor wise dimension layout plan (with legend of measurements) of the various buildings located in the affected premises (as existing at the time of incident) Please earmark the affected and unaffected areas/portions of the premises clearly in the layout. Regarding Loss of Building 4. A write-up describing the extent/nature/type of damage caused to insulated false ceiling of Chamber No.1. 5. Item-wise estimate giving the reconstruction cost value as 'New of the different blocks of buildings in the affected premises including their sanitary fittings, electrical installations wiring (for lighting purpose) installed therein, at the time of incident duty supported by an Architect/ Civil Engineer Certificate. 6. Item-wise estimate of loss to the building (with schedule of measurements) affected along with supporting estimate of a Civil Engineer Certificate. 7. Year-wise Capital Block Account of your building in accordance with your books of accounts right from the first year of capitalization till the date of the incident. Please also provide us the basis or Sum Insured taken to cover Building covered under the Policy. 8. Kindly keep separate records for the expenditure incurred towards repair/reinstatement of Building. 9. Attached is the Claim Form / fill it & sign the same and send the same to us. No sooner we receive the above information/documents from you. We would proceed further for necessary verification. Please note that while verifying we may require and ask for additional data/documents/clarifications for working out the assessment of loss which we will inform you in due course. Thanking you. Sincerely, For Mehta & Padamsey Insurance Surveyors & Loss Assessors Pvt. Ltd. Sd- Rajiv Gupta (Executive Director)” 5. The final survey report dated 23.05.2017 is extracted herein under: “Ref No.D17017/17040 May 23, 2017 SURVEY REPORT CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. 1st Floor, Plot No. 6 Pusa Road, Near Metro Pillar No. 81, New Delhi-110005. Dear Sir, Insured : GREENLAND PRODLAND VEGETABLES (P) LTD. Re: : Loss due to collapse of Insulated False Ceiling of Chamber No. 1 at Insured’s Cold Sorage situated at Kashganj Sikandara Rao Road, Mohanpura Kashganj, Kashganj S.O. Kanshiram Nagar (U.P.) on April 29, 2017 SESP Policy No. 213/00929304000/00, Claim No. 2130003516. - INSTRUCTIONS
1.01 In accordance with your instruction 3.5.2017, visited the insured’s affected premises situated at at Kashganj Sikandara Rao Road, Mohanpura Kashganj, Kashganj S.O. Kanshiram Nagar, Uttar Pradesh on 03.05.2017 to survey the referred loss. 1.02 We met their officers, inspected the damage caused, took note of the preliminary circumstances of the los, and collected whatever information/documents that was readily available. 1.03 Based on the general inspection of the affected site and the information available at that time, we submitted out ILA dated May 05, 2017. 2. INSURANCE PARTICULARS Type of Policy : Standard Fire And Special Perils Policy Policy No. : 2130/00/00929304/000/00 valid from 08.03.2017 to 07.03.2018 The Insured : M/s Green Land Fuit & Vegetables (P) Ltd. Kashganj Sikandara Rao Road Mohanpura Kashganj, Kashganj S.O. Kanshiram Nagar,Uttar Pradesh -207123. The Insurer : Cholamandalam MS General Insurance Co. Ltd., New Delhi Location of and Property: Kashganj Sikandara Rao Road, Mohanpura Kashganj, Kashganj S.O. Kanshiram Nagar, Uttar Pradesh Occupancy : Cold Storage Premises Warranties : • Kutch Constructor Warranty • General Warranties for Storage Clauses : • Agreed Rank Clauses. • Earthquake (Fire & Shock). • Sanctions Limitation And Exclusion Clause • Local Authorities Clause • Designation of Property Clause. Sum Insured :Description Amt (Rs.) •Building 1,10,00,000 •Plant and Machinery 1,10,00,000 •Stocks in Process All kinds of Stocks pertaining to Insured Trade 2,50,00,000 Total Sum Insured 4,70,00,000 Excess : 5% of claim amount subject to a minimum of Rs.10,000/- 3.00 GENERAL INFORMATION 3:01 The assured is engaged in the processing and storage of frozen green peas. The Insured is a private limited company and was incorporated in 2007 and they had established a cold storage and processing unit in 2008. 3.02 The present directors are Nagendra Singh, Neetu Singh and Raghvendra Singh. They are mainly agriculturist and have large land holdings in and around kasganj. 3.03 The Insured had started the cold storage in 2008 and taken a term loan (Rs. 1.64 cr) from Central Bank of India, Kitsganj along with CC limits (Rs 1.75 cr). 3.04 The Insured had built the cold storage facility with Four chambers and other areas where they had installed the machinery related to the processing of the green peas. 3.05 They sell their preserved green peas under the brand name of "Mother's Choice" 4.00 OCCURANCE AND CAUSE 4.01 As reported by the Insured and as per our inquiries a loud sound was heard at about 11:00 p.m. on 29.04.2017 and the supervisor on duty. He rushed to enquire and found that the sound was from Chamber No. 1 (The Insured has four cold chambers where they maintain temperatures in (-)0 C) 4.02 On opening the chamber he found that the roof (insulated) had collapsed and fallen on the stocks of processed green peas (in bags of 35 kg each). 4.03 He immediately reported the matter to the Director Mr. Singh at Kanga (About 14 km away) (The statement of the supervisor in Hindi is enclosed herewith). 5.00 OUR OBSERVATIONS 5.01 During our visit on 03.05.2017 we observed the following: 1. The insulated roof had collapsed (of Chamber No. 1). 2. The debris of the Collapsed roof had been cleared and was shifted outside the chamber. 3. We also with the insured measured the temperatures of the frozen peas and found the temperatures in the range of -8°C 5.02 The close inspection of the debris and in particular the Wooden Ply and Rafters it appeared that the these had fatigued over the years (7 to 8 years) and could not take the weight and collapsed. 3.03 We further observed in another chamber that the roof had started to sag and these areas could also collapse. The Insured had installed steel supports to hold the roof (refer attached photos). 6.00 EXTENT OF DAMAGE BUILDING 6.01 The insulated roof had collapsed and fallen on the stocks of the frozen green peas. And some portions were hanging in precarious condition from the roof. The entire root of Chamber No. 1 required replacement. STOCKS 6.02 The Insured orally informed us that since the roof has collapsed and with the rising temperatures the frozen peas would start to melt and deteriorate. We along with the insured measured the temperature of some of the bags containing the peas and found that the temperature was in the range of -4°C to -8°C (refer attached photos) during our visit on 03.05.2017 (after three days of the incident). Thus we do not agree with the Insured's views. 6.03 The Insured has shifted about a total of about 4000) bags (35 kg each) out of 16369 bags (35 kg each) of the green peas from affected Chamber No.1 to Chamber No.4 7.00 OUR REMARKS 7.01 After receiving intimation of loss on 03.05.2017, we visited Insured's affected premises on 03.05.2017. During the visit we inspected the damage caused and took note of circumstances of the loss. 7.02 After our visit, we requested the insured to provide in with the required information/documents to enable us to verify and assess the loss suffered by them, vide our letter dated 05.05.2017, copy of which we also sent to the Insurers. We have till date not received any response from the Insure till date. 7.03 As stated earlier the insulated false roof has collapsed without the intervening of any of the covered perils-fire, lightning, flood, STFI and or any named peril in the policy. We are therefore of the opinion that there is no liability under the policy. 7.04 We discussed the matter with the Insurer's who have instructed us to close the file us "NO CLAIM". Under the circumstances explained above and after receiving the instructions from the Insurer's, we therefore are closing our file as "No Claim". 8.00 SURVEY FEES & EXPENSES We enclose herewith our bill for professional charges for time spent on this claim including expenses incurred & photographs taken at the time of our visit. 9.00 This report is issued without prejudice and subject to the terms and conditions of the policies of insurance issued to and held by the Insured. For MERTA & PADAMSEY INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD. Sd/- RAJIV GUPTA (Executive Director)” 6. In both these survey reports the factum of the loss suffered is on account of collapse of an insulated false ceiling and not the main roof of the cold storage. There is nothing on record to demonstrate that the tin roof of the cold storage had blown off because of any storm causing external damage and therefore had impacted the false ceiling of chamber no. 1. The Insurance Company has also disputed the existence of any storm on that day with the help of weather reports and also with regard to the facilities to urge that even if it was a wind or a slight breeze or a movement of air, still there was no proof to establish that it was a storm for which reliance has been placed on a certain journal that shall be referred to hereinafter. The repudiation letter was defended by the learned counsel for the Insurance Company on several grounds and a written statement has been filed denying the allegations as also the claim made. The complainant has also filed rejoinder and evidences have also be filed by way of affidavits, whereafter the matter has come up for final hearing. 7. A very interesting argument has been advanced by the learned counsel for the insurance company about the alleged occurrence of the storm. This is based on an internet based weather report of Kasganj dated 29th if April, 2017. The said report records winds ranging between a speed of 7 miles per hour to 3 miles per hour. It is urged that this same does not support the claim of storm (Aandhi) as narrated in the complaint. This argument seeks to refute the certificate of the Lekhpal dated 23.07.2017 set up by the complainant. 8. Learned counsel for the insurance company Mr. Tripathi has with his experience and the Authority of literature available with him submits that he disputes the very existence of a storm as sought to be conveyed by the Complainant taking the aid of the report of the Lekhpal dated 23.07.2017. He submits that as a matter of fact, no such storm had occurred atleast in the vicinity where the cold storage is situated. There is no Evidence of any damage being caused by the storm in the proximity of the cold storage or even beyond. The contention is, had there been a severe storm, its intensity would have affected the surroundings but neither any damage to nature or to any physical structures did take place nor is it anywhere reflected in the report of any official including that of the Lekhpal. The contention of Mr. Tripathi is that this entire story of a storm gets diluted also in view of the said weather report which indicates a very slow speed of wind on 29.04.2017 ranging from 3 miles per hour to 7 miles per hour and the gust ranging between 5 miles per hour to 15 miles per hour. Commenting upon the speed of the wind, Mr. Tripathi has relied on a Journal named “RAPPORT” published as Volume 1 Issue IV of November, 1984. The entire copy of the said Journal has been placed which has been published by the Tariff Advisory Committee of General Insurance. The Journal includes many articles on insurance, liabilities, compensation and the like and also includes an article titled “An Act of God Peril – Air” at page 18 thereof. The said topic which seems to have been authored by a Technical Assistant Manager Mr. A. S. Chaubal refers to a table reproduced from “Munich Re” published in the Technical Insurance References. The Article is reproduced herein under for ready reference :- Act of God Peril - Air It is a mythological belief that the 'Panchmahabhutes' i.e. the five elements - Earth, Water, Fire, Air and Sky - govern all universal happenings. The forces of these elements, while operating within particular limits, are divine gifts to the mankind towards cultural and socio-economic developments. However, the same forces while operating beyond such limits may prove disastrous causing loss and damage to human beings and their belongings. The catastrophic nature of damages caused by these perils-commonly known as Act of God perils - is always a matter of grave concern to Insurers world over. Through the developments in science and technology it is nowadays possible to forecast the forces and areas of operations of the Act of God perils and take precautionary measures to minimise the 'satanic' effects of these Act of God perils. Various methods have been evolved to measure the forces acting from these Act of God perils and to broadly assess their effects on the human lives and property. We have already seen the effects of Earthquakes of different magnitudes and intensities (see 'RAPPORT Issue I - Aug., '84). It will be interesting to know the effects of 'wind' now. The branch of science that deals with the study of wind - forces and effects, is knows as Anemography - a word derived from the Greek word 'Anemos' meaning 'wind' which denotes air more or less rapid natural motion. The force of wind directly depends on its speed which is measured by an 'Anemometer and expressed in ascending order on the Beaufort Scale'. The wind speeds vary at different altitudes and for the purpose of the study of their effects on the surface they are normally measured at a height of about 10 metres above the surface. The following table shows the wind speeds corresponding to the Beaufort Scale Numbers and their effects observed on land and at sea :- Effects Observed Number Descriptive On Land At Sea Wind Speed Term Km/h O Less than 1 | Calm | Calm; smoke rises vertically | Sea like a mirror | 1 1-5 | Light air | Smoke drift indicates wind direction | Ripples are formed, but without foam crests | 2 6-11 | Light breeze | Leaves rustle; wind vanes move | Stall wavelets; crests have a glossy appearance. and do not break | 3 12-19 | Gentle breeze | Leaves, small twigs in constant motion | Large wavelets; crests begin to break; foam of glassy appearance | 4 20-28 | Moderate breeze | Dust, leaves, and loose paper raised from ground; small branches move | Small waves becoming longer; fairly frequent white horses | 5 29-38 | Fresh breeze | Small trees in leaf begin to sway | Moderate waves; many white horses are formed | 6 39-49 | Strong breeze | Larger tree branches in motion; whist- ling heard in wires | Large waves begin to form; white foam crests everywhere (probably some spray) | 7 50-61 | Near gale | Whole trees in motion; difficulty in walking | Sea heaps up; white foam from breaking waves begins to be blown in streaks | 8 62-74 | Gale | Twings and small branches broken off trees; progress in walking impeded | Moderately high waves of greater length; foam is blown in well-marked streaks | 9 75-88 | Strong Gale | Slight damage to structures; slate blown from roofs | High waves; creasts of waves begin to topple, tumble and roll over | 10 89-102 | Storm | Trees broken or uprooted; considerable damage to structures | Very high waves with long overhanging crests; on the whole, the surface of the sea takes a white appearance; the tumbling of the sea becomes heavy and shock like; visibility affected | 11 103-117 | Violent Storm | Usually wide-spread damage | Exceptionally high waves; visibility affected | 12 118-133 | Hurricane | Usually widespread damage | The air is filled with foam and spray; sea completely white with driving spray; visibility very seriously affected | 13 134-149 | | | | 14 150-166 | | | | 15 167-183 | | | | 17 More than 210 | | | |
9. He has then invited the attention of a report that was tendered in one of such matters where certain meteorological observations were made. This was in relation to certain usage of the words used in a Standard Fire Policy that was referred for opinion to M/s Tyabji Dayabhai for further opinion. The said opinion was discussed in relation to a certain case where certain observations were made with regard to the glossary of meteorology where the terms Storm, Typhoon, Flood etc. were reproduced. The same are also reproduced herein under :- Storm: Any violent atmospheric commotion such as violent gala, a thunder-storm, a line-squall, a rain-storm, dust storm or snow storm. Wind with velocity between 64 to 75 mp.h (force 11 on Beaufort scale) are classed as storm winds. Typhoon: A name of Chinese origin (meaning "great wind”) applied to the Tropical Cyclones, which occur in the Western Specific Ocean. They are of essentially the same type of the west Indian hurricane of the Atlantic and the Cyclone of the Bay of Bengal. By international agreement Tropical Cyclones have been classified according to their intensity as follows : (a) Tropical depression with winds upto 34 knots (68 km) (b) Tropical storm with winds of 35 to 64 knots (70km. to 128 km.) (c) Hurricane or Typhoon with winds of 65 knots or higher. Tropical storm is to be treated as Cyclone in India as per India Meteoroligical Dept. Severe cyclone storm has speed above 48 knots. When it goes above 64 knots, Indian Mateorologists call it severe cyclone storm with a core of hurricane. Flood: The condition that occurs when wateroverflows the natural or artificial confines of a stream, or other body of water or accumulates by drainage over low lying areas. 10. On the basis of the said observations, it is urged that the entire claim in the present case was rightly repudiated and the assessment made by the surveyor is absolutely justified. It is further submitted that facts regarding the maintenance of temperature and the equipments depicted for the same were not available, the counting of the bags at the time of inspection revealed that certain bags have been shifted and the origin of the collapse of the insulated roof was due to the inherent weakness of the wooden frame that gave way. There was no intervening factor of a storm causing the same as to cover the loss under the policy. It is alleged that all the allegations have been denied subsequently in the written statement and the repudiation letter issued after assessing the report of the surveyor does not suffer from any infirmity. He also contends that the Engineer who was deployed by the Complainant to submit a report on 17.10.2017 also does not support the alleged cause of damage due to any storm or any external factor. It is also submitted that the storage was conducted by the Complainant contrary to the terms of the policy and hence the loss suffered is on account of the non-maintenance of the cold storage as per the norms of the policy. There is nothing on record or any genuine document to indicate as to how the damaged goods i.e. the Green Peas stored in the cold storage were dispensed with. This has also resulted in the assessment made by the surveyor that has also commented upon the doubt about stock verification. 11. A written version has been filed by the Bank to urge that the claim has been rightly repudiated and hence the Complaint deserves to be rejected. 12. The two reports of the surveyors dated 03.05.2017 and 05.05.2017 are already on record and already reproduced herein above. What needs to be pointed out at this stage is the terms of the policy. Clause 6 of the policy indicates the coverage of damage caused due to a storm, cyclone, typhoon etc. The same is extracted herein under : “Clause 6” – Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood or inundation- loss destruction or damage directly caused by Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood or inundation excluding those resulting from earthquake, volcanic eruption or other convulsions of nature. (Wherever earthquake cover is given as an “add on cover” the words “excluding those resulting from earthquake volcanic eruption or other convulsions of nature shall stand deleted.”) 13. The said policy therefore covers loss or damage which is destruction directly caused by storm. The question is to whether such a storm could be believed, it is necessary to refer to the report of the Engineer that has been relied on in the Complaint. The said inspection report dated 17.10.2017 is extracted herein under : Inspection Report On the request of Sri Nagendra Singh, Director, M/S Green Land Fruit & vegitable (P) Ltd. The undersigned visited the the plant Situated at Village Mohanpura,Tehsil Kasganj, Distt. Kasganj, for the purpose of survey & inspection, on 17-10-2017. The undersigned entered in to Chamber No.1 having the internal size of 33'0"x66'0" & height of 36'0"& found that the entire Thermo coal insulation of the ceiling had fallen down & damaged the insulation of walls. No loss was seen in building or structure. In the opinion of the undersigned the insulation of thermo coal in entire walls & in ceiling of Chamber No.1 should be reinstalled, to proper use the above Chamber. Aprroximate estimate /quotation for reinstallation of M/S RINAC India Ltd. Dated 25th May 2017, available by the Director of the above plant, is attached with the report. 14. A perusal of the said report after having enter into chamber no.1 found that the thermo coal insulation ceiling had fallen down and there was no loss to the building or the structure. The said report nowhere states that the damage had been caused on account of the occurrence of or the impact of the storm. 15. The report of the Lekhpal is equally doubtful in as much as the occurrence is of 29.04.2017 and an application is moved before the tehsildar of the area on 20.05.2017 which is almost one month after the occurrence requesting for a report. This application by the Complainant requests for certification of the storm on 29.04.2017 as well as 02.05.2017. The report of the Lekhpal states that the storm winds (Aandhi) that gave rise to the storm that appears to have occurred in the preceding month in which the insulated tin shed of the cold storage fell down resulting in damage to the Peas stored therein. The report nowhere mentions as to which “tin” insulation had fallen when the reports of the engineer, the surveyor indicate the fall of the thermocol insulated false ceiling. There is no indication in the report as to how much damage did he see or was reported. The said report is accompanied by the statement of Mr. Dinesh, in the presence of 5 more persons, who is stated to have worked as a operator of the cold storage. He surprisingly gave a statement that the tin shed of the cold storage had been ripped as a result where of the roof was damaged causing loss to the peas stored inside. This statement is also self-contradictory in as much as the statement talks of the roof having been damaged affecting the tin shed. There is no mention of the insulated false ceiling of chamber no.1. Such a statement coupled with the report therefore causes a serious doubt about the correctness of the report of the Lekhpal and the real occurrence, when the case of the Complainant clearly is about damage caused to the insulated ceiling of chamber no.1 of the cold storage and not the tin roof which is also indicated in the surveyors report as also in the report of the engineer. 16. The next document is the weather report downloaded from the internet which was brought to the notice of the Commission through the affidavit of evidence filed on behalf of the insurance company which encloses therewith the report dated 29.04.2017. 17. The said document categorically as indicated above does not register the speed of the wind beyond 7 miles per hour and a gust beyond 15 miles per hour. The extract of the said weather report is reproduced herein under :- Wind 7mph 5mph 3mph 3mph 3mph 4mph 5mph 3mph SW NNE E SSW NW WNW SSW ESE Gust 15mph 10mph 6mph 4mph 4mph 5mph 6mph 5mph 18. Mr. Tripathi, learned counsel for the insurance company on a devoted study produced the literature from the journal extracted herein above. Before assessing the said literature, it would be apt to mention that a wind is air in natural motion. A breeze is a light wind that blows gently, usually, unruffled in the tune of a whisper. There are strong winds and breezes which have greater speed but to constitute a storm, one has to keep in mind that a storm is a violent atmosphere that is attended by wind and is like an outbreak usually accompanied by rain, snow, hail, thunder or lightening. Thus a storm may be a violent form of wind and when it grows stronger with still more violence, rushing with great force it converts into a hurricane. 19. The journal cited by Mr. Tripathi categorises wind speed according to the Beaufort Scale where it describes light air, light breeze, gentle breeze, moderate breeze, fresh breeze, strong breeze, near gale, gale, strong gale and the tenth item is a storm where the wind speed is 89 to 102 kilometers per hour. The observed after effects of a storm are broken trees, uprooted trees and considerable damage to structures. Thus, a storm is not a mere wind or breeze and is scientifically accepted on the Beaufort Scale as something having nearly 100 kilometers of speed. But a high speed of wind by itself is not always to be treated as a final criteria and there are a couple of decisions referred to hereinafter which reflect on the same. 20. The weather report of Kasganj if accepted, nowhere indicates any such high speed of the wind nor any cogent or corroborative evidence has been led by the Complainant so as to substantiate the alleged report of the Lekhpal of the occurrence of a storm. Thus going by these standards nothing has been brought on record for establishing any damage caused to the tin roof of the cold storage and it is only the collapse of the thermocol false ceiling that has been noticed and alleged by the complainant causing damage to the peas stored therein. 21. The observations in respect of the said collapse of the internal false ceiling is not accompanied by any evidence of the tin shed of the cold storage having been ripped off as alleged. There is no damage claimed with regard to the tin roof of the cold storage. Thus by any means, the damage of the insulted thermocol false ceiling nowhere gets connected with either the occurrence of a storm or the storm having directly caused an impact so as to damage the same. To the contrary, the surveyor has found that the wooden framework that was supporting the insulated thermocol false ceiling had grown with age and appears to have given way without there being any external cause for rupturing the same. 22. The word storm occurring in the policy therefore has to be understood as something violent as the terminology has been mentioned alongwith the word hurricane, tornado, tempest and typhoon. The word storm therefore if read together with the other terminologies mentioned above, has necessarily to be understood as something violent, and keeping in view the Beaufort Scale referred to above, the meteorographic table clearly demonstrates that a storm has to be understood as a wind that matches a speed of 89 to 100 kilometers per hour. There are however a few divergent views on the subject. The World Meteorological Organization, Geneva, Switzerland has published some norms and the Indian Meteorological Department has described “thunderstorm” which has a wind velocity a little lesser than as per the Beaufort Scale. Then there are decisions, one from this Commission in the case of Shree Ganesh Metal Industries versus Oriental Insurance Co. 2015 SCC Online NCDRC 3093 where a borderline case of a storm with a lesser wind velocity was found to be sufficient as covered under the risk enabling indemnification for the insured under the policy. The other decision is of a learned single judge of the Madras High Court in the case of M/s OPG Energy (P) Limited versus The New India Assurance Co. Ltd. & Anr. reported in 2018 SCC Online Mad Page 16. 23. The Complainant has not been able to show any document or any other evidence which may establish that the winds were so strong that they could be considered as a storm as defined herein above. There is no report or statement or document to support the theory of a storm mentioning collateral damage caused in and around the area to any structure or to plants and trees or affecting human life and dwellings. 24. In the absence of any such evidence or any other cogent evidence it is clear that the existence of a storm causing damage to the internal false ceiling has not been established. 25. In the light of the aforesaid findings, once it is clear that there was no storm that caused the damage then staking a claim under the policy on such count is not possible nor any indemnification admissible. Additionally there is nothing pleaded or proved by the complainant that the wind had entered the inside of the chambers of the cold storage to cause any damage. 26. There is one more factor which needs to be kept in mind that in one of the adjoining chambers of the cold storage, the engineer as well as the surveyors had found that a similar type of insulated roof which was virtually caving in had been supported by steel pipes. No damage was claimed in respect of the said chamber and the placing of such steel pipes to support the structure led to a probable preponderant assessment that the condition of insulated roofs in the adjoining chamber was also poor and therefore they had to be supported by steel pipes. This was an indication towards the weakness of the frame structure of the insulated roof which also appears to be the case in respect of chamber no.1 where no such support seems to have been deployed, and the insulated roof of chamber no.1 collapsed. The cause of such collapse may have been due to the weight of the insulation that could not be held with the support of the wooden framework that might have grown old and was in a dilapidated condition. This is supported by the observation of the spot surveyor at item no.4 of the report dt. 05.05.2017 and also by the final survey report at item No.5 under the headings “Observations” dt. 23.05.2017. Consequently these facts also supports the contention raised by the insurance company that there was no impact of any storm and as a matter of fact it was the weakness of the frame of the insulated roof which gave way and collapsed. 27. In the light of what has been indicated on the basis of the material on record, the repudiation letter dated 19.06.2017 cannot be faulted with. The repudiation notes the observations made by the surveyor and is reproduced herein under : To, M/s Green Land Fuit & Vegetables Kashganj Sikandara Rao Road Mohanpura Kashganj, Kashganj SO. Kanshiram Nagar Uttar Pradesh PIN-207123 Ref: Claim No. : 2130003516 Policy No : 2130/00929304/000/0 Date of loss : 03/05/2017 Date of Intimation : 05/05/2017 Dear Sirs, This is with reference to the above claim under Standard Fire and Special Perils Insurance Policy to the reported damages to the insulated roof which had collapsed and fallen on the stock of the frozen green peas. Immediately upon receipt of intimation we have appointed independent IRDA licensed surveyor of repute M/s Mehta & Padamsey Insurance Field to carry out the survey and assess the loss. The surveyor has observed the following: * The proximate cause of loss (collapse of roof) was not due any of the insured perils like fire, lightning, flood, storm, tempest, inundation and or any other named peril in the policy. Please note that a fire policy is a named peril and loss will trigger only in the event of occurrence of any of the named peril. In your claim, none of the insured peril had operated. Hence claim is not tenable as per policy terms and conditions. 28. The conclusion therefore drawn of the proximate cause of the collapse of the insulated roof, cannot be faulted with as not being covered under the insured peril mentioned in the policy. Consequently, the complaint fails and is hereby dismissed. | 
