JUDGMENT :

Suresh Chandra, Presiding Member

There is a delay of 21 days in filing this revision petition for which the petitioner has submitted an application for condonation of delay. For the reasons stated in the application, the delay in filing this revision petition is condoned.

2. The broad facts of this case may be stated like this. The petitioner who was the original complainant availed an insurance policy of the respondent Co. for the fabric materials of her textile shop "Charulatha Textiles" for an amount of Rs.7 lakhs during the period from 25.2.2003 to 24.2.2004. On 12.5.2003 at about 1.00 am, an incident of theft occurred in the shop in which according to the complainant, the thieves took away Rs.38,000/- in cash and textile articles worth Rs.5,78,878/-. A case was registered with the police and the charge sheet was filed wherein it was stated that the complainant sustained loss of Rs.2 lakhs and cash loss of Rs.38,000/-. The OP Insurance Co. was informed of the burglary immediately and a surveyor was deputed by the Insurance Co. to assess the loss. The surveyor assessed the loss at Rs.49,026/- in respect of which the Insurance Co. offered an amount of Rs.41,734/- subject