National Consumer Disputes Redressal
Ajay Enterprises vs Branch Manager, New India Assurance Co. ... on 14 January, 2004
Equivalent citations: II(2004)CPJ17(NC)
ORDER
M.B. Shah, President
1. By the judgment and order dated 26th March. 1996, the State Consumer Disputes Redressal Commission, Rajasthan, partly dismissed the Complaint Case No. 1033 of 1994, by holding that the insurance coverage was limited to ready-made garments and ready-made garments would not include items like bed-sheets, handkerchiefs, curtains, table covers, etc. For the loss of ready-made garments, admittedly, after filing of the complaint, the complainant has been paid and amount of Rs. 2,61,407/- by cheque.
2. The appellant is aggrieved by the order of the State Commission with regard to the finding that ready-made garments would not include articles such as bed-sheets handkerchiefs, curtains, table covers, etc.
3. For appreciating this contention we would first refer to the insurance coverage (sic.) policy which is as under:
"Burglary & house breaking insurance: Sum insured Rs. 10,00,000/- only.
On stock of all types of ready-made garments (finished and semi finished) and other raw-material used for manufacturing of garments and plant and machinery only belonging to the insured under lien to aforesaid bank whilst stored and/or lying and/or in process in a factory-cum-godown of 1st class construction situated at 158-159, Mehandwas, House, Nehru Bazar, Jaipur.
Subject to bank clause."
4. From the aforesaid term of the insurance policy, it is apparent that insurance coverage is given on stocks of all types of ready-made garments and other raw-material used for manufacturing of garments and plant and machinery. On the face of it, ready-made garments cannot include bed-sheets, curtains, and other such furnishing items. Further, specific insurance coverage for the raw-materials used for manufacturing of garments was taken and not for furnishing items. This would also indicate that insurance coverage was only for the garments and not for furnishing items.
5. Learned Counsel for the appellant has relied upon the following meaning given in the Concise Oxford Thesaurus: Garment : noun 1 wearing a white garment piece of clothing, article of clothing, item of dress, cover, covering. 2 wearing strange garments clothes, clothing, dress, attire, apparel, costume, outfit, garb. See GARB noun 1.
The aforesaid dictionary meaning does not, in any way, help the contention of the appellant. It only provides that garment would be an article of clothing, dress, cover or covering the body. It does not include furnishing items.
6. Hence, we find no substance in the appeal and dismiss the same. There shall be no order as to costs.