JATTI MOTORS Vs. UNITED INDIAN INSURANCE CO LTD

JUDGEMENT

(1.) In this complaint, the complainant has claimed payment of a sum of Rs.3,86,653/- 55 with interest thereon and also a sum of Rs.4 lakhs as compensation from the opposite party.1. The complainant had obtained "money in Transit Policy" from the opposite partyinsurance Company for a period of one year commencing from 16.10.1990 to 15.10.1991. The limit of the company of its liability in respect of loss of 'burglary or House breaking' was in a sum of Rs.10 lakhs, as per Ex. C-l.

(2.) It is the case of the complainant that its employee on 9.2.1991, Saturday, while the policy was in force, carried a sum of Rs 3,50,000/- from the office premises to the Bank of Saurashtra, Mission Road, Bangalore, to make the deposit in the said Bank, but by the time he reached the Bank premises, the Bank was closed and so the Accountant of the complainant-firm got back the said money to the office premises, kept a sum of Rs.3,86,653-55 inclusive of a sum of Rs.3,50,000/- in the cash box, put the said cash box in the cash cabin, locked it and went away. The next day, that is 10.2.1991, was Sunday, so he came to the office only on 11.2.1991, Monday. When he opened the front door, found the false ceiling (roof) over the cash cabin broken-up and the cash box missing. He also found the terrace door broken open.

(3.) The complainant immediately thereafter made a report of the occurrence to the Police, as per Ex. C-2 and also reported the same to the O. P.-Insurance Co. , as per Ex. C-4. The police on the receipt of the said report, as per Ex. C-1, reached the place of occurrence and recorded a mahazar, as per Ex. C-3.