ORIENTAL INSURANCE COMPANY LIMITED Vs. INDIAN BANK

JUDGEMENT

(1.) Challenging the judgment and decree, dtd. 1/11/2012, made in O.S.No.8048 of 2010 on the file of IV Additional Judge, City Civil Court, Chennai, defendant in the suit has filed this appeal.

(2.) Defendant is the appellant and plaintiff is the respondent herein.

(3.) The case of the respondent/plaintiff, as per the plaint, was that he had taken a Banker's Indemnity Policy bearing No. 411800/48/2008/16, dtd. 5/4/2007, from the appellant insurance company for the period from 1/4/2007 to 31/3/2008. On 24/1/2008, he preferred a claim to the appellant for loss of cash suffered on 18/1/2008 due to robbery committed by some unknown persons while the cash was transmitted and the bank incurred a loss of Rs.13.00 lakhs. He also gave a complaint to police for robbery and police were investigating the case registered in F.I.R.No.116 of 2008 on the file of B-3 Kattoor Police Station, Coimbatore, for the robbery. However, his claim to make good the loss of money was rejected by the appellant on 31/3/2009, stating that the incidence of robbery fell outside the purview of the policy, blaming the respondent for loss of cash occurred due to lapses in procedures and safeguards while handling the cash in transit. Hence, the suit.