KUNJ LAL Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The complainant/respondent obtained a Money Insurance Policy from the respondent for the period from 09.06.2009 to 08.06.2010. The aforesaid policy inter-alia insured the cash in transit as well as in the premises of the insured provided that the money was kept in a locked safe for not more than 48 hours and was meant for payment of wages, salaries or for patty cash. The case of the complainant is that during the subsistence of the policy, in the night intervening 24th/25th/11/2009 cash amounting to Rs.2 Lakhs kept in safe in his shop was stolen. An FIR No.174/2009 was lodged with the concerned police station in this regard. A surveyor was appointed by the insurer to verify the claim and assess the loss to the complainant. The surveyor, vide his report dated 15.02.2009, reported that though the insured had suffered the loss claiming by him, the insurance policy covered the money only in transit and not in the premises and therefore no amount was payable to him under the policy. Based on the report of the surveyor, the claim was rejected vide letter dated 16.09.2010. Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the insurance company primarily on the same ground on which the claim had been repudiated.

(3.) Vide order dated 24.12.2012, the concerned District Forum dismissed the complaint. Being aggrieved, the complainant approached the concerned State Commission by way of an appeal. Vide the impugned order dated 12.06.2014, the State Commission also dismissed the appeal filed by the petitioner/complainant.