BIHAR UDYOG Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) PETITIONER herein who was the complainant before the District Consumer Disputes Redressal Forum, Araria (hereinafter referred to as the District Forum for short) has filed the present Revision Petition.

(2.) PETITIONER filed the complaint with the allegation that he had obtained two insurance policies from the respondent. The first was taken on 08. 01. 1992 for the damage to raw material in his rice mill and the mill property and the second policy was taken on 20. 01. 1992 for Rs. 50,000/- for the cash kept in the iron safe/chest of the factory. It was stated that there were riots on 09. 12. 1992 and the rioters looted the mill property after breaking its gate, burnt the property and killed the Manager of the mill named Bijay Kumar Jha. It was further averred that the cash amount of Rs. 75,000/- was looted after breaking open the iron safe. It was also stated that the respondent had paid insurance claim of the first insurance policy dated 08. 01. 1992 but rejected the claim under the second insurance policy which was in the sum of Rs. 50,000/- for the cash kept in the iron safe. As the claim of the petitioner regarding the second insurance policy was repudiated, the petitioner filed a complaint.

(3.) RESPONDENT filed its reply. It as admitted by the respondent that the petitioner had taken two insurance policies. One for damage to raw material of the rice mill and the mill property and second for insuring the cash kept in the iron safe of the factory. It was further stated that the petitioner did not make any mention about the loss of cash in the first and the second F. I. R. lodged on its behalf. It is only in the third F. I. R. that it was mentioned that the cash amount of Rs. 75,000/- was also looted.