LAWS(NCD)-1992-1-14

NATIONAL INSURANCE CO LTD Vs. ASHOK CONSTRUCTION CO

Decided On January 14, 1992
NATIONAL INSURANCE CO. LTD. Appellant
V/S
ASHOK CONSTRUCTION CO. Respondents

JUDGEMENT

(1.) - This is an appeal against the Order dated the 12th December, 1990 of the State Commission of Rajasthan. The delay in filing the appeal is condoned. The relevant facts of the case are briefly given below:

(2.) The respondent complainant had obtained two insurance policies of Rs. 3 lakhs each (i) for burglary and (ii) for various other perils including fire, riots, malicious damages etc. The policies were effective from 29th December, 1986 to 28th December, 1987.

(3.) On the 16th June, 1987 during the currency of the insurance policies a building under construction by the respondent collapsed. Due to this accident two persons were killed and many were injured. This provoked a mob to gather at the site of the accident and they are alleged to have indulged in rioting and theft/burglary of building materials at site.