M/S. ATM CONSTRUCTIONS THROUGH MR. SANTOSH MAHAPATRA, S/O. SHRI AGADHU, (PARTNER AND POWER OF ATTORNEY)ADDRESS: NEAR GAYATRI MANDIR, DANTEWADA CHHATTISGARH Vs. UNITED INDIA INSURANCE COMPANY LIMITED (REGISTERED AND HEAD OFFICE) 24, WHITES ROAD, CHENNAI, THROUGH DIVISIONAL MANAGER, KRISHNA COMPLEX, KUTCHERY CHOWK, RAIPUR CHHATTISGARH

JUDGEMENT

(1.) (Oral) - The complainant purchased an excavator make Tata Hitachi for a consideration of Rs. 32,50,000.00 and got the same insured for the period from 11.04.2011 to 10.02.2012. The aforesaid excavator was engaged in construction of road near Village Parcheli, in the jurisdiction of P.S. Katekaliyan, District South Bastar, Dantewada. Some persons allegedly stopped the construction work on the aforesaid site and torched the excavator. The complainant lodged a claim with the respondent in terms of the insurance policy which it had taken. The claim was repudiated vide letter dated 19.11.2012 which to the extent, reads as under: On perusal of claim papers, it is clearly noted that the said Excavator bearing Sl. No. 1101-4153 was torched by Naxals at the project site Village Pacheli. Our policy issued to M/s. Telcon and you as a customer of Telcon, excludes losses, interalia arising out of Civil Commotion, conspiracy, confiscation, commandeering a group of malicious person or persons acting on behalf of or in connection with any political organization, etc. etc. The loss to the above mentioned Excavator clearly falls under the above said exclusion. In view of the above, we regret our inability to admit the claim.

(2.) Being aggrieved from the rejection of the claim, the complainant/petitioner approached the concerned State Commission by way of a complaint. The complaint was resisted by the insurer primarily on the same grounds on which the claim had been repudiated.

(3.) Vide order dated 04.12.2014, the State Commission dismissed the complaint on the ground that the loss of the excavator fell under an exclusion clause contained in the insurance policy. Being aggrieved from the dismissal of its complaint, the petitioner/complainant is before this Commission.