V.K.JAIN, B.C.GUPTA
Lala Urban Co. Op Bank Ltd. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
The complainant before us is an Urban Cooperative bank which had taken an insurance policy from the opposite party United India Insurance Co. Ltd., to the extent of Rs. 3.81 Crores. The insurance policy inter alia covered the jewellery pledged with the complainant bank. In a theft which took place in the premises of the plaintiff bank on 28.12.2003, gold jewellery weighing 48,684 gms was stolen. The case of the complainant bank is that since the gold rate at the time of the loss taken place was Rs. 6,200/- per gram, it had to reimburse the depositors of the gold at the aforesaid rate thereby incurring loss to the extent of Rs. 3,01,84,080/-. The insurance company however paid only a sum of Rs. 1,32,97,390/- to the complainant which comprised the value of the jewellery calculated @ Rs. 3500/- per 10 gms which was the gold rate at the time the said jewellery was pledged with the bank. Being aggrieved from the decision of the insurance company to pay only a part of the claim lodged by the complainant bank, the said bank is before us by way of this complaint seeking payment of balance amount of Rs. 2,03,51,319/- alongwith interest @ 18% per annum and compensation amounting to Rs.
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