ORIENTAL INSURANCE CO LTD Vs. RAVJISA YAMASA KSHATRIYA

JUDGEMENT

(1.) THE Appeal No. 69 of 1994 has been filed by Oriental Insurance Co. Ltd challenging the order dated 30.8.1993 passed by the State Commission, Maharashtra directing the Insurance Company to pay a sum of Rs. 1,60,000/- to the complainant in the case being the loss sustained by him as a result of theft from a godown which he had insured with the Appellant Company. First Appeal No. 70 of 1994 has been filed by the complainant contending that the disallowance of interest on the aforesaid amount of Rs. 1,60,000/- was not legal and proper.

(2.) WE have heard Mr. S.M. Suri, learned Advocate appearing on behalf of the Oriental Insurance Company (Appellant in First Appeal No. 69 of 1994) and the insured who appeared in person Shri Suhash Kshatriya, partner of the Respondent firm. We have also perused the records of the case. In our opinion, the State Commission has given perfectly valid and sound reasons for holding the repudiation of the claim by the Insurance Company was arbitrary and unreasonable and that the insured is entitled to be paid a sum of Rs. 60,000/- as representing the loss sustained by him by reason of the theft of the articles which had been insured with the Appellant in First Appeal No. 69 of 1994. Appeal No. 69 of 1994 is, therefore, wholly devoid of merits and it is dismissed.