ORIENTAL INSURANCE CO LTD Vs. SANJEEV KUMAR

JUDGEMENT

(1.) This is an appeal by the Oriental Insurance Co. Ltd. against the order dated 28.2.1998 passed by the District Forum, Pauri, Garhwal whereby the complaint of the complainant was allowed for recovery of the insured amount of Rs.50,000/- along with interest @ 18% and cost of litigation of Rs.250/-.

(2.) In the complaint it is alleged that the complainant carries on the business of cloth merchant. He has taken the shop on rent from Bimal Devi. He spent Rs.15,000/- in the repairsof furniture and has kept the articles of Rs.35,000/- in the shop. There was a partition between the shop of the complainant and that of the landlord. The complainant has got his shop insured for Rs.50,000/-. During the Insurance, the landlord committed a theft in the shop of the complainant. When the complainant went to lodge the FIR, the police refused to lodge the FIR because the policemen have got affairs with Bimal Devi. The complainant gave telegram to the police and also to the Insurance Company. He made a claim to the Insurance Company, which was repudiated. Therefore, he filed the complaint.

(3.) The learned Forum allowed the complaint. There was no case that there was any fire in the shop but it appears that by mistake the learned Forum instead of theft has written about the fire. Before the learned Forum the Insurance Company alleged that the complainant was directed to complete the formalities but he did not hear, therefore, the claim was repudiated. It is alleged that the shop could not be traced out for survey. It appears that the insurance was obtained by fraud. It is alleged that if Bimal Devi has committed theft, she is liable for that.