APARNA BAGCHI Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This writ application was heard in extenso and judgment was reserved on 18 February, 2019. On 3 April, 2019 when the matter was listed under the heading 'For Judgment', I was apprised that the writ petitioner had passed away in the meantime. Learned Counsel for the writ petitioner submitted that the matter may be adjourned to enable the legal heirs of the writ petitioner to apply for substitution. Accordingly, the matter was adjourned. A substitution application being GA No. 1062 of 2019 was taken out by the legal heirs of the writ petitioner which was allowed by an order dated 17.06.2019. Accordingly, the legal heirs of the original writ petitioner have been brought on record. However, in the judgment, reference to 'petitioner' would mean reference to the original writ petitioner.

(2.) An Insurance Policy described as LP Gas Traders Combined Policy was issued by the respondent Insurance Company in May, 1997 in favour of one M/s. Shanti Gas Service of Jalpaiguri covering the period from 19 May, 1997 to 18 May, 1998. The risk insured was, inter alia, loss of money in transit from the office of the insured to its bank or vice versa. The policy was renewed in May, 1998 and in May, 1999. During the validity of the policy, the insured party was robbed of a sum of money in the region of Rs. 70,000/-. This was on 21 February, 2000.

(3.) The insurance company appointed a surveyor who returned a report dated 10 June, 2000 with the remark that the loss was within the coverage granted by the policy. He assessed the liability of the insurance company at Rs. 20,000/- since the coverage was for Rs. 20,000/- only.