IMPORTANT POINT
The insurance policy taken by the complainant gave insurance cover only against the perils specified.

ORDER (ORAL)

V.K. Jain, Presiding Member—The complainant took a loan of Rs.4 crore from OP-2 which is a cooperative bank. He also took a Standard Fir and Special Perils Policy from OP-1 Oriental Insurance Co. Ltd. for the period from 20.11.2014 to 29.11.2015 which was later renewed for the period from 20.11.205 to 29.11.2016. The insurance policy covered the plant and machinery as well as the building of the complainant. The insurance policy provided STFI Cover, Fire Basic Cover and Earthquake Cover to the complainant. It was stated in the insurance policy that it was subject to conditions, clauses, warranties and endorsements as per the form attached. The complainant has also placed on record the coverage under the policy as well as the terms and conditions forming its part. The aforesaid document to the extent it is relevant, reads as under:-

“I. Fire

Excluding destruction or damage caused to the property insured by a) i) Its own fermentation, natural heating or spontaneous combustion ii) Its undergoing any heating or drying process. b) Burning of property insured by order of any Public Authority.

II. Lightning

III. Explosion/Implosion

Excluding loss, destruction of or damage

a) To boilers (other than domestic boilers), economizers or other vessels, machinery or apparatus (in which steam is generated) or their contents resulting from their own explosion/implosion,

b) Caused by centrifugal forces.

IV. Aircraft Damage

Loss, Destruction or damage caused by Aircraft, other aerial or space devices and articles dropped therefrom excluding those caused by pressure waves.

V. Riot, Strike and Malicious Damage

Loss of or visible physical damage or destruction by external violent means directly caused to the property insured but excluding those caused by

a) Total or partial cessation of work or the retardation or interruption or cessation of any process or operations or omissions of any kind.

b) Permanent or temporary dispossession resulting from confiscation, commandeering, requisition or destruction by order of the Government or any lawfully constituted Authority.

c) Permanent or temporary dispossession of any building or plant or unit or machinery resulting from the unlawful occupation by any person of such building or plant or unit or machinery or prevention of access to the same.

d) Burglary, housebreaking, theft, larceny or any such attempt or any omission of any kind of any person (whether or not such act is committed in the course of a disturbance of public peace) in any malicious act.

e) If the Company alleges that the loss/damage is not caused by any malicious act, the burden of proving the contrary shall be upon the insured.

f) Terrorism Damage Exclusion Warranty:

i. Notwithstanding any provision to the contrary within this insurance it is agreed that this insurance excludes loss, damage cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss.

ii. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and / or the threat thereof, of any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purpose including the intention to influence any government and/or to put the public, or any section of the public in fear.

iii. The warranty also excludes loss, damage, cost or expenses of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to action taken in respect of any act of terrorism.

iv. If the Company alleges that by reason of this exclusion, any loss, damage, cost or expenses is not covered by this insurance the burde