PRISCA CAROLINE FERNANDES Vs. PRAVIN KUMAR B. JAIN

JUDGEMENT

(1.) The complainant was in the business of assembling of the wrist watches under the name and style of 'Vinay Exports' in Mapusa Industrial Estate. He had taken an insurance cover to the extent of Rs.50 lacs from National Insurance Company Ltd. On 01.12.2003, he also executed an agreement with Goa Detective and Security Services which was to provide security services at the factory of the complainant for the period from 01.12.2003 to 30.11.2004, from 8 am to 8 pm. The security agency had deputed a security guard namely Mr. Amit Mohd. Ansari at the factory of the complainant.

(2.) The factory of the complainant was closed in the evening of 07.02.2004 that being a Saturday, at about 6 pm in the presence of one Mr. Dinesh Mehta and the security guard Mr. Amit Mohd. Ansari. The keys of the premises were deposited with a neighbor M/s Duncan Industries owned by one Mr. Hasmukh Raj Vardhan and was kept in the custody of Mr. Shailesh Kumar, an employee of M/s Dunkan Industries under a seal. The factory was closed on 08.02.2004 that being a Sunday. They key was collected from the neighbor on 09.02.2004 by Mr. Dinesh Mehta, the employee of the complainant who was also present at the time when the factory was closed in the evening of Saturday. The security guard Mr. Ansari however, had not come on duty on that day. On opening the factory, it was found that the cash as well as several wrist watches had been stolen. A report was lodged with the police and the insurer was informed.

(3.) The claim in terms of the insurance policy was lodged with the insurer which repudiated the same vide its letter dated 16.12.2005 which, to the extent it is relevant, reads as under: