NITIN VIJAY KIMMATKAR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The complainant/petitioner purchased one Metrx Endoscopy Unit from USA on 25.07.2003 at a cost of US$ 45,000 and got the same insured with the respondent to the extent of Rs. 20 lakhs by taking a special contingency insurance policy, for the period from 22.07.2004 to 21.07.2005. The said policy covered risk, inter-alia, on account of burglary and during transit. The case of the complainant is that on 16.10.2004, when he was carrying the aforesaid endoscopy unit in his car, the vehicle broke down on the way and after locking the car, he went in search of a mechanic to repair the vehicle. It is further alleged that when the complainant/petitioner returned to the car, he found that the unit had been stolen. The matter was reported to the police and a claim was lodged with the Insurance Company. The claim was repudiated vide letter dated 04.11.2004, which, to the extent it is relevant, reads as under:-

(2.) Being aggrieved from the repudiation of the claim, the complainant/petitioner approached the concerned District Forum by way of a complaint. The complaint was resisted by the Insurance Company primarily on the same ground on which the claim had been repudiated.

(3.) The District Forum, vide its order dated 18.11.2005, dismissed the complaint. Being aggrieved, the complainant/petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed vide impugned order dated 15.07.2015, he is before us by way of this revision petition.