IMPORTANT POINT
Exclusion Clause – Exclusion Clause No. 4 cannot be pressed into service to legally suspect the impugned order as infirm on that ground.

ORDER

This is an appeal preferred by the appellant/Insurance Company questioning the correctness of the order dated 23.01.2023, passed by the State Consumer Disputes Redressal Commission, Jaipur, Rajasthan, whereby the complainant’s claim has been partly allowed for indemnifying the claim of burglary in the premises of the claimant that secured the risk under cover.

2. The allegations were that a burglary occurred on 05.03.2018, when the locks of the main gate, the godown gate and the plant gate were broken by unidentified people, who stole several articles and on coming to know of that an FIR was also lodged, whereafter an insurance claim was also made before the appellant/ Insurance Company.

3. The appellant company deployed a surveyor M/s. Mehta & Padamsey, who submitted a survey report on 25.07.2018. Clauses 5.00 to 9.04 of the said report are relevant which are extracted herein under:

“5.00 Incident/Cause

5.01 As per our enquiry and as stated by Insured that production was closed in the said plant since December 2017. Out of total 12 employees had by Insured till December 2017, only two, Lahri Jogi and Pradyuman Maurya are presently employed by Insured as night and day time guards respectively. In the evening of 4th March 2018, at about 7.00 PM, night duty guard Mr. Lahri Jogi had to visit SMS Hospital, Jaipur to see his relative who was admitted there and left Insured’s premises unguarded.

5.02 On 05.03.2018, at about 9.00 am. when day time duty guard, Pradyuman reached the factory, he found that night guard was not present and main gate lock was broken. On enquiring further, he found the locks of production hall and office gate are also broken. He immediately called the night duty guard Lahri Jogi on his mobile, who also reached there at about 10.30 am. They informed to Mr. Harish Gangawat, one of the directors at Mumbai.

5.03 At about 4:00 p.m., Mr. Mukesh, a policeman from PS Kanota, visited the factory. On detailed enquiring it was found that 14 moulds along with some other items are missing from the factory.

5.04 Copies of statements of Insured and guards are enclosed.

6.00 Police Report

6.01 F.I.R.

On the basis of the complaint lodged by Mr. Harish Gangawat the PS Kanota have registered the said incident vide FIR No. 0160 dated 07.03.2018 under sections 457, 380 of IPC. Copy enclosed.

6.02 Final Police Report

The police investigated the matter but neither culprits could be apprehended nor the items stolen could be recovered/traced. The police submitted their Final Report No. 69/2018 dtd. 31.03.2018 in the court of Upper Civil Judge cum Metropolitan Magistrate, Bassi, Jaipur on 15.04.2018. Copy of the Final Report and Court Order Pertaining to the same are enclosed.

7.00 Our Observation

7.01 During our visit (after 14 days of the loss), we enquired Mr. Harish Gangawat (director), Lahri Jogi (night duty guard), Mr. Pradyuman Maurya (day duty guard). They showed us the broken locks. We also found tell-tale marks of forcible entry on the doors etc.

7.02 We found only two moulds (double cavity) which are installed/fitted in the moulding machines. We also found the marks of storing of moulds near the moulding machines from where 14 nos. of moulds were reportedly stolen.

7.03 We are of the opinion that a burglary could have taken place at Insured’s factory as stated by the Insured.

7.04 Apart from 14 nos. of moulds, one submersible pump, 108 plastic crates and some spare items like pipes, cables, electric wires etc. are also reportedly stolen in the said incident.

7.05 Modus Operand! The absence of the night duty guard at the factory at the time of incident may be a simply coincidence but it appears that culprits were aware that there was no guard in night on 04.03.2018. Taking the benefit of the same, they first broke open the lock of side door of the main gate and entered the premises. Then, culprits would have broke opened the locks of production hall and other sections also. They might h