NATIONAL INSURANCE COMPANY LTD. Vs. RAJESH SINGH GULERIA

JUDGEMENT

(1.) HEARD learned Counsel for the parties and with their assistance we have also examined the record of the case.

(2.) ADMITTED facts of this case are that two policies were issued by the appellant in favour of the respondent. Vide one Photostat machine etc. was insured, and the other policy covered General Store Items. Cover note No. 591418 was issued in this behalf, which is subject matter of this appeal. Total sum insured was Rs. 1,30,000. Out of this, Rs. 1,20,000/ - covered risk of stocks of general store items and such other items pertaining in the insured premises, built of A class construction and Rs. 10,000/ - covered risk of the furniture, fixtures and fittings. Fire broke out in the premises on 20.4.2001.

(3.) WITH a view to support the case of his client Sh. Tajta learned Counsel, laid emphasis on clause No. 7 of the shopkeepers insurance policy Annexure - OP -2. this clause reads as under: - 7. Fraud: If any claim under this Policy shall be in any respect fraudulent or if any fraudulent means or device are used by the Insured or any one acting on the Insureds behalf to obtain any benefit under this Policy all benefits under the Policy shall be forfeited. -