PATEL JEWELLERS Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This order shall dispose of FA No. 208 of 2011 filed by the complainant- Patel Jewellers and FA No. 281 of 2011 filed by the opposite party i.e. Insurance Co.

(2.) The brief facts of the case are that the complainant is a proprietor concern situated at G/30, ShubhComplexnearRajasthanHospital, Shahibag, Ahmedabad, had purchased an insurance policy called Jewellers Block Policy which was valid for the period 10/10/2001 to 9/10/2002. The complainant is dealing with the business of making the gold and silver . Ornaments and selling the same. The complainant used to keep his jewellery and the money in Godrej make safe and used to take it out for display in the shop in the mornings on opening of the shop and in the evening at closing time return it back to safe shop.

(3.) On 27/2/2002, the shop was opened by the complainant in routine and he displayed the ornaments in the display Windows. There was cash in his safe and Rs.99, 504.00 was taken out from the safe was put at the counter. On the same date at about 7.00 p.m., a mob came running to the shop as there were riots in the city due to Godhra incident. Seeing the mob near his shop, he and his son immediately put the shutter of the shop down and after locking the shop, hurriedly, went to their home. The complainant has alleged that he did not have time, at that time to secure the displayed ornaments and money lying at the counter to keep in the Godrej safe and so ornaments of the weight of about 1 kg. were left in the display Windows and money at counter. At about 10.00 p.m. on the same night, they again visited the shop but seeing the mob there, for their own safety, they returned to their house. Gujarat Bandh was announced for the next day i.e. 28/2/2002 and so they remained in their house. At about 12.00 p.m. in the noon, the neighbourer of their shop- Manishbhai, informed him on telephone that his shop had been set at fire and was burning. He contended that mob had set fire to the Alice Haircutting Saloon near his shop and as a result his shop also caught fire. He came to his shop and found that the shutter of his shop was half opened and the furniture was also burnt and the ornaments and money lying there were looted. He informed the Insurance Co. in this regard on 4/3/2002 and on 5/3/2002, surveyor of the Insurance Company visited the site and took photographs of the place. The complaint was also lodged with the concerned Police Station which was registered as First CR. No. 76/2002. The complainant provided all the documents to the surveyor as per his demand. The surveyor submitted his report whereby the loss was assessed to Rs, 6, 39, 544. This surveyor's report was not accepted by the Insurance Company and the claim was repudiated on the ground that the complainant had violated the terms and conditions of the insurance policy by not securing the Ornaments and the cash in Godrej safe before leaving their shop on 27/2/2002.