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1999 Supreme(SC) 1290

R.P.SETHI, S.SAGHIR AHMAD
Oriental Insurance Company LTD. – Appellant
Versus
Samayanallur Primary Agricultural Co-operative Bank – Respondent


JUDGMENT

Sethi, J.-The Respondent-Bank had taken two insurance policies with the appellant-company out of which one was a cash insurance policy for Rs. 1 lakh and the second was a burglary insurance policy for Rs. 25 lakhs. The period covered by the latter insurance Policy was from 6.11.1992 to 5.11.1993. On the night of 27th January, 1993 an incident of burglary took place in the premises of the insured bank and the cash chest was found missing for which a complaint was lodged with the police and claim made with the appellant company for the value of pledged jewellery which was alleged to have been lost together with a cash of Rs. 9,279.25. The District Consumer Redressal Forum, Madurai (hereinafter referred to as the "District Forum") where the complaint was filed allowed the claim of the respondent-bank and awarded compensation to it as prayed for in the claim-petition. In appeal, the State Consumer Disputes Redressal Commission, Madras (hereinafter referred to as the "State Commission") set aside the award of the District Forum holding that "cashier s cash box" in which the jewellery and cash was alleged to be kept was not a "safe" within the meaning of policy which covered "los












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