PARESH MOHANLAL PARMAR Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) HEARD the petitioner who appeared in person and Counsel for the respondent.

(2.) THE petitioner has argued before us that the insurance policy covers burglary and housebreaking but the said policy nowhere provides that burglary and housebreaking should precede by forcible and violent means or following assault or violence or threat thereof to the insured or any employee of the insured or member of the insureds family. According to him, proposal and the policy are binding on the parties. He further submitted that in the case under consideration the burglary had taken place by use of a duplicate key, which cannot amount to entry by forcible and violent means. The petitioner has further stated that the Fora below have placed reliance in the judgment of United India Insurance Co. Ltd. v. Harchand Rai Chandan Lal but in that case the term burglary and house breaking had been defined, which included entry or exit by forcible and violent means. However, in the policy under consideration, no such definition has been incorporated. He also placed reliance in the judgment of this Commission in National Insurance Co. Ltd. v. Public Type College, wherein entry was by way of duplicate keys, which was held to be violent entry. He also relied upon judgment of the Apex Court in Modern Insulators Ltd. v. Oriental Insurance Co. Ltd. According to him, the exclusion clause with reference to employee would not come into play since at the time of commission of the offence, the thief was not his employee though, he was his ex -employee. He also stated that in the repudiation of claim by the Insurance Company this ground was not taken. He, therefore, contends that the revision be admitted.

(3.) ON the other hand, Counsel for the respondent also placed reliance on the judgment of the Apex Court in United India Insurance Co. Ltd. v. Harchand Rai Chandan Lal (supra) Counsel for the respondent was asked to furnish the certified copy of the policy, certified copy of the proposal form and terms and conditions of shopkeepers policy. The same have been produced by him. In addition, he has produced shopkeepers insurance (information) sheet. It is in this information sheet, Section II reads as under: