NATIONAL INSURANCE CO LTD Vs. PADMAVATHI JEWELLERS

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) Being aggrieved and dissatisfied by the judgment and order dated 4.8.2005 passed by A.P. State Consumer Disputes Redressal Commission in C.D. No. 99/2001, the National Insurance Company Ltd. (in short the Insurance Company) has preferred this appeal. By the impugned order, the State Commission has directed the Insurance Company to reimburse the Complainant a sum of Rs. 8,50,818 as assessed by the surveyor with costs of Rs. 5,000, within a period of six weeks, failing which it would attract interest @ 9% p.a. till the date of realization.

(3.) Learned Counsel appearing on behalf of the Insurance Company vehemently submitted that as per the terms of the insurance policy, the complainant was required to keep all the articles in the burglar proof safe at night. He, therefore, contended that the order passed by the State Commission is erroneous on the face of it because as found by the Surveyor as well as investigator, the articles were not kept in burglar proof safe during the night time.