MARYADIT Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE complainants have filed this complaint under Section 17 of the Consumer Protection Act, 1986 against the opposite parties for seeking a direction for payment of a sum of Rs. 65,00,000 together with interest @ 12% from the date of filing claim form, Rs. 1,00,000 towards damages and costs of proceedings.

(2.) IN brief, the facts as narrated in the complaint are:

(3.) THE OP resisted the complaint and averred in the written version that the complaint is premature as the claim filed by the complainant is yet to be decided by the insurer. The claim amount was Rs. 65,00,000 hence, decision of the claim rested with the Head Office and it is learnt that the Head Office is considering to repudiate the claim on the ground of fundamental breach of policy condition. It is further averred that the documents submitted by the complainant and the investigation/survey conducted by the OP revealed that the cash was robbed in transit without there being any guard for the safe transfer of such a huge amount of cash whereas condition No. 4 stipulated that in case of transit of cash exceeding Rs. 10,00,000/ - two guards with the arms shall escort. It was further averred that condition 13 lays down consequence of breach of any policy condition. Due observance of terms and conditions is the condition precedent to any liability for the company to make any payment under the policy. As there was breach of condition the claim is liable to be dismissed. The OP filed affidavits of Shri Rakesh Sharma and Shri Kishan Lal Rajak wherein it was stated that the terms and conditions running into six pages were supplied along with the policy. The OP had also filed carbon copy of the alleged policy with terms and conditions.