RATNAMALA JEWELLERS Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) M/S Ratnamala Jewellers, the proprietorship concern, the complainant got the insurance cover for jewellery of gold and silver or other ornaments from the New India Assurance Co. Ltd. The policy was in respect of theft, robbery etc., kept in insured's business premises or held in trust or on commission.

(2.) During the subsistence of the policy, on 14.02.2001, upon demand from its customers M/s Mahavir Jewellers and M/s Parshwa Jewellers, the complainant instructed his employee Mr. Dinesh Kumar Mantri to carry ornaments in noon time weighing 1295 gms., i.e. more than 1 Kg. to its customers. The authority letter was issued. The said ornaments were covered in brown cover plastic bag, then taken in canvas bag and alongwith bag the said employee boarded double decker bus. While he was getting down, somebody cut the said bag with short weapon and removed the whole packet containing the ornaments. The police could not arrest the thief.

(3.) The surveyor investigated the case and the Insurance Company repudiated the claim. The defence set up by the OP was that there was violation of the terms and conditions of the policy and proper care was not taken.