Insurance claims must be covered by specified perils, excluding clauses strictly construed favoring the insured, as the proximate cause of fire damages is immaterial absent specific exclusions.

JUDGMENT :

VIJAY BISHNOI, J.

1. This appeal has been preferred by the Appellant challenging the Judgment dated 16.07.2015 (hereinafter referred to as “impugned judgment”) passed in CASE NO.210/2009 by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as “NCDRC”). The NCDRC, thereby dismissed the complaint preferred by the Appellant-Insured herein, thus denying the Appellant any reimbursement/claim from the Respondent-Insurance Company herein.

BRIEF FACTS

2. The brief facts giving rise to the controversy are that the Appellant, a Government company, invited tender for insurance for its various Units/Dumps/Offices etc., in June 2005. Pursuant to the said tender, on 16.06.2005 the Respondent herein submitted its quote for centralized insurance policy and consequently, on being declared as the successful bidder, the Respondent was awarded the contract for Centralised Insurance coverage at the CO Unit and Zonal Units. Accordingly, a contract dated 21.07.2006, was entered between the Appellant and the Respondent herein and a Standard Fire and Special Perils Policy (Material Damage) (hereinafter referred to as “the policy”) was issued by the Respondent herein for the Appellant’s unit, Mandhar Cement Factory, Cement Corporation of India, P.O. Mandhar, Rampur District, Chhattisgarh 243111 (hereinafter referred to as “factory”).

3. On the early morning of 01.11.2006, a theft and fire incident occurred at the factory of the Appellant where some petty thieves entered the premises of the Appellant company with a blow torch and portable gas cutter-like apparatus. Although the thieves intended to steal winding copper and transformer oil, using bolt cutters and blow torch, which triggered a fire in the transformer and resulted in a fire in the factory premises. Following this, the Appellant formally notified the Respondent about the incident through a letter dated 01/02.11.2006 and also got registered an FIR bearing No. 106/2006 dated 01.11.2006 with the concerned police station.

4. On 30.01.2007, the Appellant calculated the loss and lodged a claim of Rs. 2,20,14,190 with the Respondent. The Respondent, vide letter dated 15.05.2007, acknowledged the receipt of the claim and requested the Appellant to submit the documents as required by the panel adjuster/Surveyor.

5. On 12.10.2007, the Final Survey Report was submitted by the Surveyor. In the said survey report, circumstances of loss and cause of fire have been reported as under:

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