UNITED INDIA INSURANCE CO LTD Vs. LAL SINGH

JUDGEMENT

(1.) In this matter of insurance claim a short question about reimbursement of the cost incurred by the complainant for the loss of tyres, rims and headlights, etc. There is no dispute at all that the insured truck was purchased on 28.11.1990 and it was insured from 29.11.1990 to 28.11.1991 The vehicle was taken for erecting body over the chassis while the vehicle was standing at the workshop. Aforesaid items were stolen on 5.1.1991. FIR was lodged. Complainant/respondent lodged a claim, it was repudiated.

(2.) The Insurance Company pleaded that no doubt that truck was comprehensively insured but as per terms and conditions of the insurance policy, liability of the Insurance Company for indemnifying the loss of tyres and headlights stood exempted and the Insurance Company relied upon indorsement No. 26 which provided that the Insurance Company would indemnity the loss of tyres and head-lights in case of total loss the complainant could not claim the amount.

(3.) The District Forum took the view that this special exemption was not incorporated in the terms and conditions of the policies Ext. P.W./1 and Ext. P/17, placed on record. The corectness of Ext. P.W./1 and Ext. P/17 was not in dispute before the District Forum. Same is the issue about Ext. R/2, copy of the policy. However, the Insurance Company produced a specimen copy of the policy R/1 containing the indorsement No. 26. The District Forum did not accept it as a part and parcel of the policy.