ASHOK TYRE HOUSE Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) By means of this complaint, the complainant has prayed for decree of Rs.2,96,000/- as cost of the material which has been stolen. A sum of Rs.81,760/- as interest from 1.1.1992 to 15.4.1993 at the rate of 24% per annum along with cost of this petition and pendente lite interest is also prayed.

(2.) The facts of the case stated in brief are that the complainant carries on the business of tyres and tubes of Tractor, Trolly, Jeep, Car, Truck, Bus etc. The complainant had got the insurance done in the year 1991 which was to expire on 6.12.1991. The complainant in order to get the insurance renewed gave a sum of Rs.1,010/- to the Development Officer Sri S. L. Aggrawal for renewal of the policy from 7.12.1991 to 6.12.1992. The complainant used to store a lot of tyres and tubes etc. in his godown. On account of some special reasons the complainant had to leave the godown and had to transfer the entire tyres, tubes etc. on 11.12.1991 in the shop. The value of the stock was about Rs.4,00,000/- which was kept in the shop. The cover note of the policy was issued on 2.12.1991. The complainant got the amount of the insured articles enhanced which was accepted by the Insurance Company on 12.12.1991 from Rs.2,00,000/- to Rs.4,00,000/-. During the night of 14/15th December, 1991 there was a theft in the shop of the complainant. The complainant immediately lodged an F. I. R. and informed the Insurance Company. The tyres worth more than Rs.2,96,000/- were stolen. Even after the investigation, the police could not recover the material or catch the thieves.

(3.) A Surveyor was appointed by the Insurance Company as far as known to the complainant. The Surveyor has reported a loss of Rs.2,32,000/- approximately. The complainant had submitted a copy of the F. I. R. , Final Report, copy of the stolen articles, copies of the bahi khata, copy of the stock book etc. to the Surveyor. The complainant has also done all other formalities which were required to be done by him in pursuance of the claim submitted by him. The Insurance Company promised to settle the claim as early as possible but nothing has been done so far, hence the complainant filed this claim for reliefs mentioned above.