UNITED INDIA INSURANCE CO. LTD. Vs. CATELIZER (INDIA)

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Uttar Pradesh, Lucknow dated 26.03.2010 in Appeal No.247/09.

(2.) Briefly stated the facts relevant for the disposal of this revision petition are that the petitioner firm is engaged in the business of manufacture and sale of chemicals. The petitioner had obtained insurance policy for Rs.6.00 lacs w.e.f. 06.09.1989 to 05.09.1990. According to the complainant on the night intervening 16th & 17th March 1990, some unknown persons entered the factory premises and looted chemicals worth Rs. 3,10,000/- after assaulting and beating the two labourers, namely, Aslam, Ziledar and watchman Kripa Shankar Pandey. The matter was reported to the police on the same night and intimation was given to the insurance company. The insurance company, however, repudiated the claim on the premise that story of looting of chemicals was false and it was belied by the FIR of the incident lodged at PS Partapur and the investigation conducted by the preliminary surveyor Balbir Singh and subsequent surveyor Rakesh Agarwal & Associates.

(3.) Being aggrieved of the repudiation of the claim, the respondent filed consumer complaint in District Forum Meerut. The District Forum on consideration of the pleadings and material on record came to the conclusion that the incident of looting of chemicals was established and the petitioner / opposite party was not justified in repudiating the claim. Thus, the District Forum allowed the complaint and directed the petitioner to pay to the respondent, insurance claim amounting to Rs.2,96,500/- with 12% interest p.a. besides compensation of Rs.15,000/- was also granted.