LAWS(NCD)-2007-10-3

BIRDI CHAND Vs. UNITED INDIA INSURANCE CO LTD

Decided On October 22, 2007
BIRDI CHAND Appellant
V/S
UNITED INDIA INSURANCE CO LTD Respondents

JUDGEMENT

(1.) -THIS revision petition is filed by the original complainant, Mr. Birdi Chand, aggrieved by the orders passed by the Rajasthan State Commission in F. A. No. 99/1995 dated 10. 2. 2003 and Chittoregarh District Forum in Case No. 77/94 dated 13. 12. 1994 whereby the appeal and complaint respectively were dismissed.

(2.) BRIEF facts of the case are that the petitioner is in the business of manufacturing shoes in the name of M/s. Champa Plastic Industries, Sadar Bazar, Chittoregarh. On 16. 3. 1988 he obtained working capital loan of Rs. 1. 05 lacs from the Chittor Central Co-operative Bank. The bank obtained the policy for one lac from the respondent, Insurance Company for the period from 12. 6. 1991 to 11. 6. 1992 in respect of loss of damage to raw material, finished goods of plastic shoes, machinery, etc. in the petitioner's factory.

(3.) IT is the say of the petitioner that on 16. 11. 1991 a theft took place in the premises of the factory and he lodged FIR with the PS Chittoregarh that his factory premises were broken into and the miscreants have stolen nor the approximate value of such stolen goods. He has not furnished particulars of quantity or description of the goods alleged to have been stolen nor the approximate value of such stolen goods. The police registered Crime No. 597/91 under Section 457, IPC and two young boys were arrested. These were Prahlad Gill and Kanwar Lal and were convicted and sentenced for two months by the Court in Chittoregarh on 22. 1. 1992. Stolen property was not recovered from these boys although they confessed their guilt but were let off after two months of imprisonment.