Vadodara: After almost 10 years, Baroda District Cooperative Milk Producers’ Union (also known as Baroda Dairy) will be able to get its claim amount of Rs 3.14 lakh for a fire at its cattle feed plant in Itola in April 2010.The claim amount was awarded by a consumer court here that ruled in favour of cooperative after it approached the consumer forum in March 2010. The insurance company – Future Generali India Insurance Company – had rejected the claim on the basis of surveyor’s report.The surveyor of the insurance company visited the plant after the fire incident and submitted a final report in which it was mentioned that the cooperative suffered losses amounting to Rs 3.14 lakh. But the claim was rejected in June 2009.The cooperative then approached the Vadodara District Consumer Disputes Redressal Forum where the insurance company again stated that since the fire broke out and spread due to spontaneous combustion materials, it is not responsible to pay compensation. The cooperative argued that it had not only insured its building but also machinery, goods, stock, furniture and fixtures. It also stated the final report of the surveyor also mentioned that goods in the godown of the plant were damaged, but the claim was rejected on the basis that the fire broke out due to spontaneous combustion material.The court upheld the arguments of the cooperative and also observed that it is the responsibility of the insurance company to prove that the fire was sparked due to spontaneous combustion material, but the surveyor is not an expert in the subject and an independent expert’s evidence was not collected by him.The court ordered that since the cooperative had insured itself, had paid premium and even the insurance company admitted of damages, it cannot reject claim because of petty and unbelievable reason. The insurance company was ordered by the consumer forum to pay the claim amount to the cooperative along with an interest of 8% which will be counted from the date on which the cooperative had approached the court.

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