NEW INDIA ASSURANCE CO LTD Vs. MURTI ENTERPRISES

JUDGEMENT

(1.) This revision petition is filed by the New India Assurance Co. Ltd. against the order dated 7.11.2005 in Appeal No. A-323/05 passed by the State Commission, Delhi whereby petitioner was directed to pay a sum of Rs. 2,36,450 with a compensation of Rs. 10,000 and costs of Rs. 5,000.

(2.) Brief facts of the case are that the respondent, M/s. Maruti Enterprises obtained an insurance policy for a total sum of Rs. 45 lakh for the articles manufactured by them and paid a sum of Rs. 9,880 as premium for the period from 18.8.2000 to 17.8.2001 covering the risk for burglary and theft.

(3.) On the night intervening 22/23.1.2001 a burglary took place in the premises of the respondent. FIR was filed and claim was lodged for Rs. 2,36,450. Police investigated the matter and investigation revealed that the locks were not broken and the culprits had entered most likely from the roof and removed the goods. The petitioner repudiated the claim on the ground that no forcible entry was proved and further that adequate precautions were not taken.