NATIONAL INSURANCE CO LTD Vs. ANNADASU SAMBRAJYAM

JUDGEMENT

(1.) Though the appeal was posted for orders on 25.11.2002 Counsel of the appellant was not present. Hence it was posted for dismissal on 3.12.2002. As the Counsel was not present on that day also the appeal was reserved for orders.

(2.) This appeal is filed by the opposite party in O. P. No.442/1997, District Forum, Guntur. The complainant is a handicapped girl. She got telephone booth sanctioned by the Telephone Department which was located next to Sri Durga Medical and Fancy Stores, Cherukupalli. The Telephone Booth consisted of a receiver, phone and computer. Those being costly items they were insured with the opposite party on 8.7.1997 vide policy bearing No.550507/44/97/60/00024. The validity of the policy is from 8.7.1997 to 7.7.1998 and the only premium paid was Rs.590/-. The risk covered under the policy was Rs.28,000/-. As the Telephone Booth was located in the Varanda of the medical shop with the approval of the respondent Insurance Company all the insured items were kept in the medical shop during the night times. However, on the night of 17.8.1997 theft was committed in the medical shop and along with various articles in the medical shop her telephone booth articles were also stolen. A complaint was lodged by the owner of the medical shop to the police. But the property could not be traced. The complainant, therefore, requested the opposite party to settle the claim which was repudiated on the ground that police did not submit final report about the investigation of the case, hence the claim was treated as pre-matured and that the goods were not kept in the premises insured and they were kept in the medical shop adjacent to the insured premises. Hence, there could not be any claim. Aggrieved by this the complaint was filed.

(3.) The opposite party contested the claim. They contended that on receipt of the claim they appointed a Surveyor who investigated the case and also premises and assessed the loss at Rs.17,000/-. They denied that the equipments were kept in the medical shop with their approval. Since the police also had not completed the investigation they were justified in repudiating the claim. The District Forum after going through the documents and hearing the arguments directed the opposite party to pay Rs.17,000/- at 12 per cent interest.