PREM NATH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Appellant before us is the insured Prem Nath, Proprietor, M/s. Prem Nath and Sons of Amritsar, who has got jewellery block policy of Rs.10 lakhs commencing from 4.10.1995 to 3.10.1996 from the opposite party-United India Insurance Company Ltd. whose complaint was dismissed by the District Forum, Amritsar on the ground that the loss suffered by him is not covered within the ambit of the policy taken by him.

(2.) The facts for the adjudication of the case are few and at which the parties are also not at variance. Admitted case of the parties is that Mr. Pankaj Duggal, an employee of the complainant firm was entrusted with gold jewellery, weighing 740 gms. by the complainant for its sale at Muzaffarpur. He was staying in Room No.3 in the Abhinandan Hotel, Muzaffarpur and was viewing T. V. at 11 p. m. on 15.12.1995 in Room No.4 of the Hotel with Manoj Kumar and his younger brother Sanjiv Kumar. Two persons who were armed with pistols came into the room and started beating employee of the complain- ant and ordered him to deliver them entire goods. The gang consisted of five dacoits who looted the gold ornaments from the employee of the complainant and at that time one of the dacoits fired at Mr. Duggal. The matter was published in the newspaper and reported to the police. The claim was lodged with the Insurance Company and the same was repudiated vide its letter dated 29.3.1996. On receipt of the repudiation letter, the complainant-appellant des- patched letter dated 2.5.1996 to the Chairman-cum- Managing Director of the Insurance Company, with copy to the Manager of the Company inter alia, mentioning that the burglary and theft has been committed while they were conducting their hawking business and gold ornaments were duly lying secured in the boxes at the time of mishap.

(3.) After affording the due opportunities of leading evidence to both the parties, the District Forum has passed the order under challenge.