M/s. Baijnath Ramkishore Jewellers vs M/s. Oriental Insurance Company Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Del) 7324

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
S. K. Sharma, J
M/s. Baijnath Ramkishore Jewellers – Appellant
Versus
M/s. Oriental Insurance Company Limited – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Ramesh Singh, Ms. Shreya Jain
For the Respondents: Mr. Vishnu Mehra

Table of Content
1. facts regarding the insured party, the incident of burglary, and the insurance claim. (Para 2 , 3)
2. arguments presented by both sides regarding the insurance claim. (Para 4 , 6)
3. court's observations on the vagueness of 'burglar proof safe' and relevant case law. (Para 8 , 9 , 10)
4. the final ruling directing the insurer to pay the assessed amount. (Para 11)

1. Heard Mr. Ramesh Singh, Senior Advocate, assisted by Ms. Shreya Jain, Advocate, for the complainant and Mr. Vishnu Mehra, Advocate, for the opposite party.

2. M/s. Baijnath Ramkishore Jewellers (the Insured) has filed above complaint for directing M/s. Oriental Insurance Company Limited (the Insurer) to pay (i) Rs. 2,49,33,505 with interest @ 18% per annum, from 20.4.2010 till its payment, i.e. the insurance claim, (ii) Rs. 2,50,00,000 to recompense for consistent rise of prices of gold and diamond, from the date of loss and onward, (iii) Rs. 5,00,000 as compensation for mental agony and harassment, (iv) Rs. 1,00,000 as cost of the litigation and (v) any other relief, which is deemed fit and proper, in the facts and circumstances of the case.

3. The facts, as stated in the complaint and emerged from the doc