SHREE MARUTI STEELS Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) HEARD the parties.

(2.) THE present application is by the petitioner who is covered by a cash Insurance policy issued by Oriental Insurance Company Ltd. It is stated that first in the year 2001 an employee of the Company reported that while he was bringing money to the Company Office after collecting the same it was snatched at Gandhi Setu on way from Muzaffarpur.The petitioner lodged an F.I.R. and after investigation police submitted charge -sheet against the said employee himself from whom partial recovery was made. The petitioner asserts that as against the said claim the petitioner submitted a copy of the final report as submitted by the police in the shape of charge -sheet. By Annexure -9 dated 4.11.2003 the Insurance Company rebutted that their claim of loss of cash due to infidelity of employee would be considered only when they submit final report duly accepted by C.J.M.

(3.) HAVING heard the parties on this account, l find that the submissions as made by Mr. Sanjay has to be sustained. In the Annexure -9 the letter of the Insurance Company it only says that the party was required to submit final report without appreciating what the final report actually means. A final report may be in the form of charge -sheet or a final report in the form of mistaken case. A final report is the conclusion of investigation that was duly submitted, it is now for the Insurance Company to proceed to examine and settle the claim in accordance with law within a period of four weeks from today and l direct accordingly. So far as second claim is concerned, that arose because of admitted snatching of cash while in transit from Biharsharif to Patna and the incident took place at Dhobi Pool under Fatuha Police Station within the district of Patna. As per the counter -affidavit the said claim has been repudiated on the sole basis that the coverage area of cash Insurance Policy as per the policy application form was 30 kilometres as the cash was being brought from Biharsharif i.e. 80 kilometres the claim would not be entertained. In the said report the loss has also been assessed and fixed at Rs. 1,30,000 on the basis of the said survey report that the insurance claim has been rejected.