NEW INDIA ASSURANCE CO LTD Vs. RAJESHWAR PRASAD

JUDGEMENT

(1.) -CHALLENGE in this appeal is to the order dated 6. 4. 2007 passed by the District Consumer Disputes Redressal Forum, Ambala whereby while accepting the complaint of the respondent-complainant following directions have been given to the appellant-opposite party:

(2.) PUT shortly, the facts of the case are that the opposite party had provided insurance cover to the complainant against the cash in transit from Karnal District to Ambala District and the surrounding area of 200 kms. for the period 25. 7. 2002 to 24. 7. 2003 under cover note No. CH/01-220091 dated 25. 7. 2002. After the expiry of the said policy, another fresh policy was obtained by the complainant whereby cover for cash in transit upto Rs. 3 crores and cash in safe to the amount of Rs. 5 lacs for the period from 25. 7. 2003 to 24. 7. 2004, under cover note No. CHD/2002/302685 dated 8. 7. 2003. On 14. 6. 2004. Mr. Praveen Kumar, authorised agent of the complainant was carrying the amount of Rs. 3,33,490. 62 after collecting the same from M/s. Shiv Agencies, Bilaspur and M/s. Kalra Agencies, Yamunua Nagar in the area of Jagadhri. He was stopped by three miscreants who looted the cash, scooter and mobile from him. Report was made to the police. Necessary intimation was given to the opposite party on 17. 6. 2004. The opposite party deputed Surveyor who assessed the loss of cash in transit to the extent of Rs. 3,33,498. 62. The complainant had also submitted the non-traceable report of the police on 3. 12. 2004 along with the order of the Additional Chief Judicial Magistrate, Yamuna Nagar dated 16. 12. 2004. The opposite party did not pay the claim of the complainanant despite several communications to it in this regard. The opposite party finally repudiated the claim as per report dated 20. 7. 2005 on the ground that the claim was not maintainable as the area covered under the policy was Ambala and Karnal Districts only while the loss occurred in Yamuna Nagar District. Aggrieved by the action of the opposite party the present complaint was filed. The complaint was contested by the opposite party. In the written statement filed it justified the repudiation of the claim on the ground that the insurance cover of cash transit was confined to Ambala and Karnal Districts as well as surrounding areas but no cover was provided to imagined coverage of 200 kms. and for that reason the complaint merited dismissal. On the basis of the above pleadings of the parties and evidence adduced on record the District Forum found no substance in the stand of the opposite party and as per order dated 6. 4. 2007 accepted the complaint and issued the directions to the opposite party noticed above. Aggrieved by the said order the present appeal has been filed by the appellant-opposite party.

(3.) THERE is delay of 13 days in filing the appeal and the same is condoned under the circumstances of the case.