NEW INDIA ASSURANCE COMPANY LIMITED Vs. MAHAVEER APPARELS

JUDGEMENT

(1.) THE order passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) in Complaint Case No. 155/07 on 8.1.2008, directing the appellant to pay to the respondent Rs. 59,735 as per terms of insurance policy along with Rs. 2,000 by way of compensation, cost of Rs. 500 is under challenge in this appeal, preferred by Insurance Company.

(2.) ADMITTEDLY the shop of the respondent/complainant was insured by the appellant for a period from 26.7.2006 to 25.7.2007 under Shopkeepers Insurance Policy, Annesure A1, which is an admitted document. There was house -breaking and burglary in the intervening night of 12.12.2006 and 13.12.2006. As per case of the complainant property valued to Rs. 59,735 including cash was stolen by miscreants, so this amount was payable by Insurance Company.

(3.) WHILE Insurance Company in the written version has denied any liability for payment under that insurance policy on the ground that as per terms of the policy money was insured only in 3 conditions and these conditions were not fulfilled in the facts of the present case, so the claimed amount was not payable. It has been admitted that Surveyor has assessed the loss to the tune of Rs. 59,735, but it was found that this money is not payable by the Insurance Company because the same was not kept in a Safe or in a Almirah or Cupboard, which was locked.