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P.M.CHAUHAN, R.K.SHAH
SARKAR IRON INDUSTRIES – Appellant
Versus
BRANCH MANAGER, NEW INDIA ASSURANCE CO. – Respondent


Advocates:
Counsel for the Parties :
For the Complainants :Mr. K.S. Bajpai, Advocate.
For the Opp. Party :Mr. C.A. Shah, Advocate.

ORDER

Mr. Justice P.M. Chauhan, President— The complainant insured has claimed Rs. 6,61,376.80 which includes Rs. 2,29,998/- for the damage caused by theft to the auto sleeves from the factory premises etc. The admitted facts are that the complainant is the insured and was covered by the Insurance Policy (Exh. 23) dated 18.12.90. On 4.5.91 i.e. during the insurance coverage period theft took place in the factory premises and the auto sleeves worth Rs. 2,80,000/- were stolen. The complainant then filed a complaint with Naroda Police Station on 5.5.91 as the complainant came to know about the theft on that day and the police prepared the panchnama on the same day. On 6.5.91 the Insurance Company was informed about the theft and damage and the Insurance Company then appointed a Surveyor who submitted the report (Exh. 24) on 20.6.91. The Surveyor assessed the damage at Rs. 2,29,998/-because of the theft of auto sleeves.

Subsequently the Insurance Company by letter dated 12.12.91 called upon the complainant-insured to produce certain documents and police statement and secured the police statement etc. Ultimately, by letter dated October 12, 1992 (Exh. 25) the opposite party Insurance Comp














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