ORAL ORDER
Per Hon’ble Mr.S.R.Khanzode, Presiding Judicial Member
Heard Mr.A.S.Vidyarthi-Advocate for the appellant and Mr.Rahul Gandhi-Advocate for the respondent.
This appeal takes an exception to an order dated 22/06/2006 passed in consumer complaint no.452/2001, M/s.Prakash Provision & General Stores v/s. The Oriental Insurance Co.Ltd.; by Additional District Forum, Pune. It is a case of alleged deficiency in service on the part of appellant/original opponent/Insurance Company (herein after referred as ‘Insurance Company’) in repudiating part of the insurance claim, which arose on account of Shopkeepers Insurance policy taken by the respondent/original complainant (herein after referred as the ‘complainant’) on account of burglary and theft in the shop which occurred in the night between 7th and 8th January, 1998. Insurance Company excluding the cash in the cupboard and electronic weighing scale assessed the loss and agreed to settle the insurance claim at `10,096/- but since it was not acceptable to the complainant, a consumer complaint was filed and it stood decided in his favour. Feeling aggrieved thereby, Insurance Company preferred this appeal.
Fact that the Shopkeepers Insurance policy was issued to the complainant and the fact of the burglary/theft are not in dispute. The survey report assessing the loss of cash `65,000/-, Sansui make Weighing machine valued at `15,000/- and Stock-in-trade `36,000/- as per the statement in the First Information Report; assessed the loss at `91,229/- and from that deducted the amount of `12,339/- for Electronic Weighing Scale since not insured, loss of cash `65,000/- and `13,830/- towards the loss of Stock-in-trade and, further, deducting `3,734.10ps. as deduction on account of condition of Average @27% and, thus, assessed the net loss at `10,095.90ps. and which is offered by the Insurance Company to settle the insurance claim. The only question that arises in the light of terms of the policy, as to whether these deductions were proper or not since by an impugned order the forum directed Insurance Company to pay these amounts of `65,000/- towards the loss of cash, `7,750/- towards the loss of Weighing scale, `13,830/- towards the loss of Stock-in-trade, totaling `86,580/-. Complainant did not file any appeal and, thus, submitted to the said order.
Referring to the insurance policy on the basis of cover note, which is only on record, the relevant portion reads as under:-
SECTION WISE PREMIUM DETAILS
Section | Description | Sum Insured (`) | Rate per | Premium (`) |
10A | Public Liability | 7925 | 0.50 | 3.96 |
1 | Fire & Allied Perils (Contents) Furniture, Stock, Fridge | 2,00,000 | 2.55 | 510.00 |
2 | Burglary & Housebreaking All contents in premises | 2,00,000 | 2.50 | 500.00 |
3A | Cash (In Transit) Cash Insurance | 25,000 | 2.50 | 62.50 |
8 | Personal Accident | | | 0.00 |
Thus, a bare reading would give an idea as to what is covered by the insurance policy. It covers all contents in the premises in the case of burglary and house breaking and on that count the insurance cover is of `2,00,000/-. Under the circumstances, the submission that cash kept in the cupboard is not covered, weighing scale in the shop is not covered; cannot be accepted. Similarly, as to why the surveyor had deducted `13,830/- towards the Stock-in-trade is also not made clear. Therefore, these deductions cannot be justified. Last deduction is of `3,734.10 ps. towards the deduction on account of condition of Average @27%. This has a reference to under valuation while taking insurance policy but this amount is not granted by the forum while passing the impugned order which is under challenge. Therefore, one need not to consider that deduction.
Thus, we find no reason to take a different view than what is taken by the forum while passing the impugned order. Therefore, finding no merit in the appeal, we pass the following order:-
ORDER
Appeal stands dismissed.
Appellant to bear its own costs and pay `25,000/- to the respondent.
At this stage, it is submitted on behalf of the appellant/Insurance Company that the amount of `25,000/- deposited in the forum while filing the appeal be adjusted towards the dues payable under the award of the forum. On verification, such adjustment could be made by the forum (as may be agreed by the parties). The Registrar (Legal) of this Commission to ensure to remit this amount to the forum or if requested by the respondent to pay the same to him.
Pronounced on 17th January, 2013.
