Mr. Y. Krishan, Member — According to the respondent complainant in F.A. 22/91 he had taken out two insurance policies :

(a) Fire Policy A effective for the period from 9.9.1988 to 8.9.1989 for a sum of Rs. 3 lacs;

(b) A Shopkeeper Insurance Policy from 17.1.1989 to 16.1.1990 for a sum of Rs. 3 lacs.

The fire occurred on 21st April, 1989.

While dealing with the claim against the fire policy, the appellant Insurance Company discovered that the policy was for Rs. 2 lacs, but through clerical mistake it was shown in the insurance policy document as a sum of Rs. 3 lacs. Premium, however, was recovered for the amount of Rs. 2 lacs only. The complainant respondent was paid a sum of Rs. 4,53,603/- as total insurance amount under both the policies.

2. The State Commission, after examination of evidence, came to the conclusion that the Fire Policy was for Rs. 2 lacs, that there was a typing error in indicating the amount of insurance in the policy document and that the respondent complainant cannot take advantage of the typing mistake committed in the office of the Insurance Company.

3. During the arguments before the State Commission, it came to the notice of that Commission that the Ins