SHYAM GAS COMPANY Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) By this appeal the complainant-appellant challenges the order dated 19.12.1994 passed by District Forum, Aligarh in Complaint Case No.191 of 1992.

(2.) The complainant had an insurance policy from the National Insurance Company Ltd. , and during its currency a theft took place on May 25, 1990 in his godown from where 188 Gas cylinders were stolen. The complainant made a report to the police on the same day and also informed the Insurance Company about the theft which deputed a Surveyor on 28.5.90. The Surveyor submitted a report dated 7 October, 1991 and the Insurance Company repudiated the claim by its letter of 2 January, 1992. A complaint was filed before the District Forum on 21.4.92, in which 2 affidavits sworn on 21 August, 1992, and 26 August, 1993 were also filed by the complainant.

(3.) In the First Information Report it was mentioned by the complainant that he had every reason to believe that his Chowkidar Sher Singh had committed theft and had sold away 188 Gas cylinders. Taking into account the statement so made in the First Information Report the claim was repudiated by the Insurance Company on the basis of the exclusion clause contained in the policy conditions which read as under: "loss or damage occasioned by or with the connivance of the insured or his family member or business staff or servant or any person lawfully in the business premises the risk is not covered. "