JUDGMENT :

S. MANU, J.

1. The petitioner opened a jewellery shop at Tirupur, Tamil Nadu in 2009. Movable assets kept inside the premises of the show room were insured with the 1^st respondent company under Jewellers Block Policy for the period from 27.4.2011 to midnight of 26.4.2012.

2. On 22.2.2012, at night some thieves broke into the jewellery shop and committed theft of 36 kgs. of gold jewellery and 2 kgs. of diamond studded gold jewellery. Tirupur police registered crime No.333/2012 in connection with the occurrence. Investigation has not been completed yet as five absconding accused could not be traced and arrested.

3. Petitioner informed the 1^st respondent company about the incident. A Surveyor was deputed by the 1^st respondent company. On 17.4.2012, Surveyor submitted his report. In the report the Surveyor stated that entire stock of gold ornaments, etc. kept in the safe was still there and all ornaments in the display windows including diamond studded ornaments were taken away by the burglars. Surveyor found that the petitioner had complied with all the warranties except safe keeping of jewellery displayed in the windows in the safe lockers after business hours.

4. Petitioner ha