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Abhilash Jewellery vs The New India Assurance Co. Ltd. on 15 March, 2002
Cites 3 docs
The Employees' State Insurance Act, 1948
Section 25 in The Consumer Protection Act, 1986
Section 27 in The Consumer Protection Act, 1986
ORDER
"To
Kollam-1.
Sir,
Re: Theft claim under Jewellers Block Insurance under Policy No.
4676090101063 -Insured - Mr. T.A. Joy.
........
With reference to the above said claim you are aware that the
alleged theft occurred while the insured property was in the custody
of an apprentice, Mr. Ajit. As per our policy coverage (a) under
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4/30/2009 Abhilash Jewellery vs The New India …
secII (Transit) property in the custody of an employee is covered
but not under the custody of an apprentice. In view of the above
reason, we are constrained to repudiate the claim.
Yours faithfully,
Sd/-
(BRANCH MANAGER)"
(b) Property insured excluding cash and currency notes whilst in the
custody of persons not in regular employment of the insured such as
brokers or agents or cutters or goldsmiths.
X The insured shall use due diligence and do and concur in doing
everything reasonably to avoid or diminish and loss under the
policy."
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4/30/2009 Abhilash Jewellery vs The New India …
7. In the letter of repudiation the insurance company did not question
the loss of the amount of gold ornaments which loss occurred in
January, 1995. Complaint is allowed. Respondent will be entitled to the
value of the gold as in January, 1995 with interest @ 10% per annum
till payment. Value of the gold ornaments are published in National
dailies from where it could be found out the value of the gold
ornaments at the relevant time. The amount shall be payable within one
month from the date of receipt of this order. In case of default the
complainant shall be entitled to invoke the jurisdiction of District
Forum under Sections 25 and 27 of Consumer Protection Act, 1986 when
District Forum will be fully authorised to go into the value of the
gold ornaments at the relevant period. Complainant shall be entitled to
cost which we assess at Rs. 2000/-.
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