UNITED INDIA INSURANCE COMPANY LIMITED Vs. PRAVEEN KUMAR SARAOGI & CO

JUDGEMENT

(1.) HEARD ,

(2.) THE Complainant had obtained a Shopkeeper Insurance Policy' for the period from 21.9.2002 to 20.9.2003 for a sum of Rs.3,00,000. As there was short of accommodation in the shop, the Complainant constructed a new Godown at Uniara Road, Nainwa. It has stated in the complaint that the stock was shifted to the new Godown for which an intimation was sent to the Insurance Company as well as the Bank vide letter dated 7.4.2003 which was sent under postal certificate. During insurance, there was fire in the Godown for which a claim was filed. The Surveyor assessed the loss at Rs. 46,863. Out of this amount, loss at Rs. 10,000 was to be borne by the Complainant. The learned DCF relying upon the version of the Complainant, passed the order as per the Surveyor's report. Feeling aggrieved, this appeal has been filed.

(3.) THE learned Counsel for the Appellant while relying upon , Oriental Insurance Co. Ltd. and Anr. v. P.R. Automobiles and Oils and Anr., 2010 1 CPJ 83 argued that there is no evidence to show that the Complainant had sent the intimation about the change of place. Even though it is held to be so proved then also mere receipt of request for change of address was not sufficient to make policy applicable to changed premises. For change of place, the endorsement is required to be made in the policy. Till then no risk can be assumed in respect of new location.