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SHASHIKANT A.KULKARNI, NARENDRA KAWDE
HITESH M. SELARKA – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates Appeared:
Baliram Kamble, Advocate, for the Appellant; Sapna Bhuptani, Advocate, for the Respondent

ORDER

Narendra Kawde, Member. - Complainant is a proprietor of M/s.Hitesh M. Selarka who has availed Jewellers Block Policy No.112101/48/2008/1237 with sum insured of Rs. 3,01,00,000/- from the opponent. Policy period commenced on 24/08/2007 till 23/08/2008. On 27/10/2007, two employees of the complainant were travelling in the bus from Mumbai to Hyderabad carrying consignment of gold in the packed and locked bag. The employees noticed the theft of gold from the locked bag. They immediately got down from the bus, informed the incident to their employer on phone i.e. complainant. Complainant instructed to go to police station and instructed to preserve the remaining gold consignment in safe place. FIR was lodged on 27/10/2007 thereby reporting the theft of 3.5 kgs of gold. Matter was investigated and submitted to the competent court for filing the non-detection report. However, complainant lodged a claim of loss of the gold as it was covered under insurance company. Opponent insurance company appointed a surveyor M/s.Mehta & Padamsee, who carried out detailed survey and arrived at conclusion holding loss of Rs. 29,56,725/-. However, opponent repudiated the claim by their letter dated

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