GEETHA SIVADAS Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) The New India Assurance Co. Ltd. has filed this revision petition against concurrent orders of the District Consumer Disputes Redressal Forum, Thane which had allowed the complaint of M/s. Panchsheel Jewellers in complaint No.339 of 2004 and of the Maharashtra State Consumer Disputes Redressal Commission dismissing the appeal of the revision petitioner in FA No.A/06/2448.

(2.) The matter, as seen from the case record, arose from an incident of theft, which took place in the shop premises of the Complainant/respondent on 8.5.2003 during the lunch hours. Gold ornaments allegedly worth over Rs.21 lakhs and some cash were stolen. Acting on the FIR lodged in this behalf, the Police recovered ornaments worth Rs.12,47,300/-. Therefore, as observed by the State Commission, there is no dispute about the fact of theft.

(3.) Yet, the claim of the Complainant for the remaining value of Rs.10,46,500/- was rejected by the OP/revision petitioner. From a perusal of the records it is evident that the repudiation of the claim rested solely on the assumption/contention of the OP/revision petitioner that in this case, for the purposes of the insurance policy, 'business hours' did not include the lunch break.