ORIENTAL INSURANCE COMPANY Vs. DISNEY APPARELS

JUDGEMENT

(1.) The complainant/respondent obtained a shopkeepers insurance policy from the petitioner Company for the period from 14.12.2007 to 13.12.2008. A burglary took place in the showroom of the complainant in the night intervening 25-26.09.2008 and a number of articles are alleged to have been stolen by the burglars. An FIR with the concerned police station was lodged by the complainant in the morning of 26.09.2008. The complainant Rajesh Kumar, while lodging the FIR, inter-alia, stated as under:-

(2.) On intimation being given to the Insurance Company, an Investigator was appointed by it to investigate the incident reported by the complainant. The Investigator recorded the statement of Sh. Sunil Kumar, Accountant of the complainant. In his statement, recorded by the Investigator, Sh. Sunil Kumar inter-alia stated as under:-

(3.) The claim having not been paid by the Insurance Company, the complainant approached the concerned District Forum by way of a complaint. The complaint was resisted by the Insurance Company primarily on the ground that though it was ready to settle the claim, the complainant was not cooperating with them and was not supplying the requisite record. It was also stated in the reply that insured had exaggerated the claim in order to get more money from the Insurance Company.