GWALIOR FREIGHT CARRIERS Vs. NATIONAL INSURANCE CO

JUDGEMENT

(1.) The appellant had filed a complaint against the respondent - Insurance Company complaining about the nonpayment of the insurance money which according to the appellant was due on the insurance policy dated 24.12.1990 (Ex. P-11 ).

(2.) The appellant had contended in the complaint that he had taken the insurance cover for loss of money in transit. He was carrying a sum of Rs.1,39,000/- from Bombay to Gwalior, and had started on 20.12.1990. As he could not get a direct reservation upto Gwalior he got down at Bhopal railway station in search of the conductor for getting his ticket extended upto Gwalior leaving the brief-case containing the money unattended on the upper berth occupied by him. When he returned, he found that the briefcase had disappeared and on enquiry from fellow passengers could not get any information as to who has taken away the brifecase. He immediatly lodged a report with the Railway Police Station, Bhopal, the Insurance Company. The Insurance Company did not pay the claim and, therefore, the complaint was lodged with the District Forum, Gwalior.

(3.) In their reply, the Insurance Company refuted the allegations and took a stand that the claim was false and actually the briefcase and the money had not been lost. The plea was taken on the basis of reports of investigation by two Investigators appointed by the Insurance Company and on the basis of the conduct of the complainant in not taking proper care of the money.