AYODHYA PRASAD Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is directed against the order dated 12.9.2001 of Consumer Disputes Redressal Commission, Bihar, Patna dismissing complaint against respondents 1-3/opposite parties 1-3.

(2.) Smt. Usha Devi who died during the pendency of complaint, had been running cloth business under the name and style of M/s. Priyanka Matching Centre at Boring Road, Patna. She purchased a Shopkeepers Policy covering the risk of burglary from respondent No. 4/opposite party No. 4 for a sum of Rs. 1 lakh which was valid from 8.3.1990 to 7.3.1991. She further purchased a policy of Rs. 3 lakhs also covering the peril of burglary from respondent No. 1 - Insurnce Company commencing from 12.11.1990 for one year.

(3.) Burglary took place in the shop on 8.5.1990 for which claim of Rs. 53,023/- was settled and paid by respondent No. 4. Second burglary in the shop was committed in the intervening night of 17/18.5.1990 for which claim of Rs. 13,691/- was also settled by respondent No. 4. It was alleged that in the night of 21/22.1.199 1, yet another burglary took place in the shop for which claim of Rs. 3,42,200/- was made by Smt. Usha Devi to respondent No. 3-Insurance Company. Respondent No. 1 appointed A.K. Singh, Surveyor to conduct preliminary survey. M/s. Bhadra and Associates was appointed as the final Surveyor and it recommended payment of Rs. 2,22,781/-.