appellant
company for a sum of Rs.7 lacs against burglary and/or house breaking
policy with effect from September 22, 1991 to September ... property hereinafter described or any part
thereof be LOST or DAMAGED by BURGLARY
and/or HOUSE BREAKING or
(b) ANY DAMAGE be caused
covered thereunder
being 29th August, 2001 to 31st August, 2002. Allegedly, a burglary took
place in his godown in the night of 18th /19th August ... also
submitted a claim with the appellant alleging that in the said burglary,
goods worth Rs.11,14,597/- had been stolen away
under the Fire Policy and Rs. 46,00,000/- under the Burglary
and House Breaking Policy.
2. The seized assets were put to auction ... Remona Police Station, Balasore regarding the
theft/burglary of the plant and machinery. On 07-02-1997, the Appellant
informed Respondent No. 1 about
cash insurance policy for Rs. I
lakh and the second was a burglary insurance policy for Rs. 25 lakhs. The
period covered by the latter ... night of 27 January, 1993 an incident of burglary took
place in the premises of the insured bank and the cash chest was found
missing
respondent alleged that there was a burglary in
their Jewellery shop. According to the respondent, on the night of
02.06.1995, burglars broke open the locks ... been appointed to
assess the loss suffered by the respondent in the burglary. The surveyor
then inspected the site and also examined all the relevant
night and theft in the house of P. W. 1 Venkatasubbiah. This burglary was discovered by him the next morning. It was then found that ... that accused 3 could not have committed either the offence of burglary or receiving stolen property. The testimony of D. W.
3 has also
complainant are that the respondent company had taken an insurance policy against burglary in their factory. The said policy was effective from ... that FIR was lodged after nine days and the policy covered only burglary and not theft. Hence, a consumer complaint was filed before the District
goods sustained by the insured, fall within the meaning of 'burglary' as stated in the insurance policy?
2. It appears that the judgment ... means of an instrument involves the use of violence. Whether it is burglary or not, depends upon the facts and circumstances of each case
HONBLE MR. JUSTICE J.K. MEHRA, MEMBER
MR. B.K. TAIMNI, MEMBER.
Burglary, if includes theft
For the Petitioner : Mr. V. Nandwani, Advocate ... insured the same with the petitioner for burglary/theft and fire. During the
subsistence of the insurance policy on
the night
give below a list of the offences of dacoity or burglary which, according to the prosecution case, were committed by the gang during the said ... Occurrence
Police Case No.
1
2
3
4
5
6
1.
o9
Burglary
Motiganj Bazar.
28-11-1949
Balasore P. S. Case