USHA ANAND Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE appellants is an NRI and is carrying on the business of exports. She obtained Householder s Insurance Policy through the respondent company covering all risks in respect of jewellery worth Rs. 18,85,500. In a car accident she lost jewellery of the value of 10,00,000 which she had left in the car, after coming out from the car in panic at the time of accident which involved 5/6 cars and later on realized that bag containing the jewellery was missing.

(2.) COMPLAINT of the appellant was dismissed by the District Forum vide impugned order mainly on the ground that the appellant has not come with clean hands inasmuch as that she stated that she immediately went to the Police Station and lodged the complaint dated 2.8.2001, the endorsement on which was made in the Daily Dairy whereas the Surveyor found from the record that she had visited the Police Station on 23.8.2001. Feeling aggrieved, the appellant has directed the appeal.

(3.) WE have closely perused the impugned order and find that after having found guilty in deficiency in service in wrongly invoking the exclusion clause of the terms of the policy, the District Forum dismissed the complaint being influenced by the aforesaid discrepancy and arrived at the conclusion that FIR was lodged quite belatedly and interpolations were made in the handwritten DD and the FIR.