NEW INDIA ASSURANCE CO LTD Vs. SUMANGAL TRADERS

JUDGEMENT

(1.) The complainant / respondent took an insurance policy from the appellant in respect of the stock kept in its business / shop in Anchal Smiriti Bhawan, Mahamandir, Jodhpur for the period from 22.5.2007 to 21.5.2008. The said shop according to the complainant comprised of three parts, including a basement, and the said three parts were inter-linked. On 15.12.2007, the basement and ground floor were locked at about 9.30 p.m. 16.12.2007 was a holiday, being a Sunday. However, in the morning of 17.12.2007, the locks of the basement were not found at their place. The matter was reported to the police and on checking by the complainant, it was found that the stock worth Rs.30,56,382.00 had been stolen. A claim in terms of the insurance policy was lodged with the insurer but was repudiated vide letter dated 8.8.2008, which to the extent it is relevant reads as under:

(2.) Being aggrieved from the rejection of the claim, the complainant approached the concerned State Commission by way of a consumer complaint. The State Commission having allowed the complaint and having directed the appellant to pay a sum of Rs.27,46,000.00 to the complainant, along with interest @ 9% per annum from the date of repudiation of the claim, the compensation quantified at Rs.25,000.00 and the cost of litigation quantified at Rs.10,000.00 the insurer is before this Commission by way of this Appeal.

(3.) The primary issue which is arises for consideration in this case is as to whether the theft/burglary of the stock was covered under the insurance policy taken by the complainant or not. The said policy called 'Shopkeeper's Insurance Policy', to the extent it is relevant, reads as under: