UNITED INDIA INSURANCE CO LTD Vs. MAHESH MOHAN PROP INDIAN VIDEO

JUDGEMENT

(1.) The interpretation of clause in the insurance policy covering risk of a video camera is involved in this appeal. District Forum, Ropar, vide order dated December 18, 1996 allowed the complaint filed by Mahesh Mohan, Proprietor of M/s. Indian Video and granted compensation of Rs.25,650/- with 18% interest thereon and costs of Rs.2,500/- against the United India Insurance Company with whom the aforesaid video camera was insured.

(2.) Hence this appeal by the Insurance Company.

(3.) Initially the insurance policy was taken for a year commencing from October 17,1992 by the complainant. Subsequently, it was renewed for a year from October 22, 1993 to October 21, 1994. The complainant is running a Photo Studio, for which he had purchased the video camera, which for the course of his business was taken out for taking photographs for commercial purposes. On the relevant date i. e. April 9,1994, an employee of the complainant taken the video camera to cover a commercial booking at Dera Wadbag Singh, Hoshiarpur. During a robbery, the aforesaid camera was lost. Report with the police was made and claim before the Insurance Company was made. The Insurance Company having repudiated the claim, District Forum was approached claiming the amount of Rs.45,000/- for which the aforesaid camera was insured by the Insurance Company. As stated above the plea was taken by the Insurance Company that the repudiation of the claim was within the terms and conditions of the policy as the risk covered was with respect to the camera lying at the address given i. e. the address of the complainant as given in the insurance policy. After both the parties led their evidence on affidavits and documents, impugned order was passed.