NATIONAL INSURANCE COMPANY LTD Vs. SURESH GUPTA

JUDGEMENT

(1.) The only dispute arising in this appeal directed against order dated 15.4.2002 is with regard to the amount of loss suffered by the respondent in respect of the articles or goods stolen from the shop which was duly insured by the appellant for Rs.10,00,000/-.

(2.) Though the appellant has raised a plea that the shop of the respondent was insured only for theft whereas the shop was insured against burglary yet the fact remains that the articles were stolen from the shop of the respondent the price of which was assessed by the Surveyor appointed by the appellant to the tune of Rs.86,000/- whereas the respondent assessed the loss of Rs.1,53,400/-.

(3.) Theft is the genesis of every other crime namely robbery, dacoity, hijacking or burglary. 'theft' as per dictionary meaning is an action or crime of stealing and for penal purpose is defined under Sec.378 of I. P. C. which reads as under: "section 378. Theft.-whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. "