Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

          This appeal takes an exception to the order dated 26/11/2009 in consumer complaint No.491/2006, Shri Prabhakar Vasudeo Kasalkar V/s. The New India Assurance Co. Ltd., passed by District Consumer Forum, Mumbai Suburban (‘Forum below’ in short).

          There is a flood loss of the domestic articles for which household insurance policy was taken from the appellant/org. O.P. by the respondent/org. complainant.  Due to flood of 26/07/2005 and 01/08/2005 damage was caused to the domestic articles such as TV, Refrigerator, Washing Machine, MP3 player, Grinder, IBM Computer, Wooden Wall unit, Single Bed, Sofa set Cushion, Wall plaster, etc.  The Insurance Company based upon the survey report awarded claim for TV and damage to the Wall plaster and rejected the claim in respect of Refrigerator and Washing Machine stating that they are not covered for damages due to flood loss and in respect of MP3 player, Grinder, Wooden Wall unit, Single Bed and Sofa set cushion and mattresses submitted that they are not covered under the policy while in respect of IBM Computer, no evidence of damage was adduced.  Not satisfied with said statement, consumer complaint is filed.  Forum below uphold the contention of the respondent/org. complainant in respect of Refrigerator, Washing Machine, IBM Computer, Sofa set cushion and directed the Insurance Company to pay compensation for the same besides compensation already sanctioned.  Feeling aggrieved thereby, this appeal is preferred by the Insurance Company.

          We heard both the parties.  We have gone through the insurance policy on record. 

Referring contents of the insurance policy, it cannot be said that in respect of Refrigerator and Washing Machine flood loss was not covered.  There is a report of examination of the computer produced on record stating that there is a total loss and computer is beyond the repairs.  No reason given by the Insurance Company to reject that piece of evidence and the statement made on behalf of the complainant.  Sofa set cushion is already covered in the insurance policy.  Mattresses, Wall unit, Grinder and MP3 player are not covered.  Forum below also uphold the contention of the Insurance Company to that effect.  Therefore, whatever awarded by the Forum below in addition to the claim already granted by the Insurance Company cannot be faulted with.  It is submitted by the respondent/org. complainant that even the sanctioned claim was not paid to him.  Since, Forum below awarded the claim in addition to the sanctioned claim, but while passing the order covered only these additional claim, we clarify here that the Insurance Company is liable to pay sanctioned claim against the TV of `8,505/- and `9,375/- towards Wall plaster.

Thus, finding the appeal devoid of any substance, we pass the following order:-

          -: ORDER :-

1.       Appeal is dismissed.

2.       Appellant to bear its own cost and to pay `10,000/- as cost to the respondent/org. complainant.

3.       Copies of the order be furnished to the parties.