SRESHTHA SONS Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) short question arising for determination in this appeal directed against the order dated 29.1.2004 passed by District Forum (East), Saini Enclave, Delhi whereby the complaint of the appellant against the repudiation of its claims by the respondent Insurance Company against the insurance policies was dismissed is whether the damage of goods due to heavy rain is covered under Clause VI of the Standard Fire and Special Perils Policy or not.

(2.) Clause VI obligates the Insurance Company to indemnify the insured amount of goods damaged on account of "storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood and Inundation. "

(3.) Brief facts are that the appellant took two policies from the respondent, one for fire and another for theft. He is having a business at several locations in Delhi like Anand Vihar, Vivek Vihar, Chandni Chowk, Parvana Road, etc. on 3.9.2002 goods were being carried from Vivek Vihar to Anand Vihar in a rickshaw and all of sudden there was heavy rain. As a result the goods fell on the road and got damaged. The appellant claimed the insurance amount by referring Clause VI of the policy on account of damage due to 'flood'. As the facts of the case show the goods were damaged due to heavy rain when they were being taken in a rickshaw. By no stretch of imagination heavy downpour or heavy rain comes within the meaning of word 'flood' or inundation, unless the articles get submerged either under the heavy water-logging due to heavy rain taking the form of flood or inundation.