UNITED INDIA INSURANCE COMPANY LIMITED Vs. VIJAY K SHARMA
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UNITED INDIA INSURANCE COMPANY LIMITED
Vijay K Sharma
Click here to view full judgement.
(1.) THE respondent was running the shop of rendymade garments and hosiery goods. He had taken the insurance policy for the period from 26.7.2002 to 25.7.2003 from the appellants. During the subsistence of the insurance policy, a theft took place on the night intervening 21/22.3.2003 and the goods/cash for the value of Rs. 47,475 were stolen. The respondent reported the matter to the police on 1.4.2003. The appellants repudiated the insurance claim. Hence, the complaint for insurance claim, compensation and costs.
(2.) THE appellants filed the written reply. It was admitted that the respondent was running the business of ready made garments/hosiery goods and he had taken the insurance policy from the appellants. It was admitted that the respondent had lodged DDR No. 15 dated 1.4.2003 with the police regarding the alleged theft on the night intervening 21/22.3.2003. However, it was denied if any theft in fact had taken place. Therefore, the insurance claim of the respondent was repudiated by the appellants vide letter dated 7.5.2003.The respondents had not reported the matter to the police immediately after the occurrence and he has not even given any opportunity to the Surveyor to assess the loss. Dismissal of the complaint was prayed.
(3.) THE respondent proved documents Ex.C1 to Ex. C11. He also filed his affidavit Ex.C12. On the other hand, the appellants filed the affidavit of K.R. Hira, Branch Manager as Ex.R1. The appellants also proved documents Ex.R2 to Ex. R4.
The learned District Forum accepted the complaint vide impugned judgment dated 13.10.2004 with costs of Rs. 1,000 and directed the appellants to pay the insurance claim of Rs.47,475 to the respondent.;
Copyright © Regent Computronics Pvt.Ltd.