ORIENTAL INSURANCE CO. LTD. Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS appeal has been filed by the appellant Insurance Company against the Order dated 28.6.2008 passed by the District Forum, Karauli in Complaint Case No. 48/07, by which the complaint of the complainant respondent was allowed against the appellant Insurance Company in the manner that the appellant Insurance Company was directed to pay a sum of Rs. 1,09,180 with interest @ 9% p.a.

(2.) IT may be stated here that the complainant -respondent had filed a complaint against the appellant Insurance Company before the District Forum, Karauli on 19.3.2007 inter alia stating that he had taken a Shopkeepers Insurance Policy for the period 18.8.2003 to 17.9.2004 for a sum of Rs. 5 lacs covering the risk of fire and further for a sum of Rs. 5 lacs covering the risk of burglary and house breaking and since on the intervening night of 15/16.5.2004 a theft had taken place in his shop and as a result of which goods worth Rs. 1,23,180 were stolen and for the incident a report bearing FIR No. 276/04 was lodged with the Police Station, Hindaun and the police after investigation had submitted FIR No. 122/04 and the same was accepted by the ACJM, Hindaun City on 2.8.2004 and the information of the incident was also given by the complainant -respondent to the appellant Insurance Company. But the claim was repudiated by the appellant Insurance Company through letter dated 29.9.2005 inter alia stating on the ground that since the relevant papers from which the amount of compensation for the loss of the goods could be determined were not produced by the complainant -respondent, therefore, the claim was not payable. Thereafter the present complaint was filed.

(3.) A reply was filed by the appellant Insurance Company before the District Forum and in the reply same pleas were taken which were taken in the repudiation letter dated 29.9.2005.