NEW INDIA ASSURANCE CO LTD Vs. ATLANTIC TECHNOLOGIES

JUDGEMENT

(1.) This revision is directed against concurrent finding of two Fora below. We have heard Counsel appearing on both sides.

(2.) Learned Counsel for the petitioner has submitted before us that the Insurance Company had insured the stocks as also office equipment, fixture and furniture, etc. which were kept on the second floor which was in possession of the complainant. However, the complainant without informing the Insurance Company had shifted the stocks as also office equipments, furniture, fixtures, etc. to the ground floor after which the theft had taken place on the ground floor which was not covered by the policies as no endorsement was made on the policies regarding shifting from second floor to ground floor. He submitted that the following questions of law, which have been framed in this revision, are required to be considered and decided, namely:

(3.) He also drew our attention to ground No. 4 in the revision that no intimation was given by the complainant for shifting of business premises from second floor to ground floor for which extra endorsement are required due to change of premises and as per policy condition property insured is covered only when it is lost from insured premises. According to the learned Counsel for the petitioner, the risk was not covered in respect of the theft, which took place on the ground floor. He also relied on a certificate, which was produced by the complainant from the owner, which speaks of the ground floor being taken on rent by the complainant in the month of September, 2002 and shifting to the ground floor in November, 2002 due to renovation and vacation of second floor. He, therefore, contends that the revision should be allowed and the order of the Fora below be set aside.