Mr. Justice J.B. Garg, President — Stocks of automobiles, spare parts, accessories, machine equipments and tools, etc. belonging to the complainant were insured to the extent of Rs. 18 lacs with M/s. United India Insurance Company Limited for the period 11.5.93 to 10.5.94. It was on 6.8.93 that the burglary at the permises of the complainant took place and a claim for Rs. 4,175.76 was made, but it was repudiated. As a consequence of the complaint instituted by M/s. Chandgothia Brothers, Industrial Area, Panchkula, the District Forum ordered on 11.9.96 that a sum of Rs. 4,175.76 along with interest @ 18% p.a. shall be payable w.e.f. 6.5.93. Aggrieved against it, the present appeal has been attempted.

2. On behalf of the appellant, it has been stressed that no force of any kind was used and the occurrence in question could not be considered as burglary covered by the insurance policy. It is always the skill and choice of the culprit where and in what manner he was to operate. Even if there was a boundary wall as in this case it was not improbable that removal of tools and equipment did take place. In para 5 of the burglary claim form (Annexure C4), there is a specific mention tha