TaxTMI 
TaxTMI 
TaxTMI 
2001 (5) TMI 987
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....rict forum as well as in the State Commission. Respondent (complainant) purchased an electronic plain paper copier for a sum of Rs.1,40,000/- and insured the same with the petitioner for burglary/theft and fire. During the subsistence of the insurance policy on the night of 6th and 7th August, 1994 the machine along with another machine was stolen from the premises of the complainant by someone by way of house breaking for which a criminal case was registered by the Police. Complainant alleged that house breaking took place by opening the locks of the door of the shop which was done either by using duplicate keys by the thieves or by using second set of keys which complainant said he had lost about a year back. Police did investigate the c....
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....en taken before the State Commission was that the District Forum did not take into account the depreciation of the machine which had been purchased in the year 1989. State Commission, however, reduced interest from 18% to 12% otherwise maintaining the order of the District Forum. In the grounds of appeal to the State Commission we find that the Insurance Co. did take up the ground that the claim was not covered under the insurance policy inasmuch as there was no forcible entry in the premises and further that there was no evidence of any violence. In the grounds of revision before National Commission this very plea has also been taken. In spite of the fact that before the State Commission during the course of arguments the plea of exclusio....
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....nce. Provided always that the liability of the Company shall in no case exceed the sum insured stated against each item of Total Sum Insured stated in the Schedule. In the grounds of appeal before the State commission it was stated by the insurer that there was no forcible entry in the premises. Further that there was no evidence of any violence. In the grounds of revision before us it has been stated that the surveyor appointed by the insurer reported that there was no forcible or violent entry in the premises from where theft took place. It was pleaded that since there was no forcible or violent entry which had been proved, there was no burglary or house-breaking. It would be thus seen insurer itself understood the term burglary or house....
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.... (10th Edition) burglary is defined as illegal entry into a building with intent to commit a crime such as theft. In the Longman Dictionary of Contemporary English burglary is a crime of entering a building by force with the intention of stealing. In the New Websters Dictionary of the English Language (College Edition) burglary is the crime of breaking into the house of another at night with felonious intent, sometimes extended by statute to cover the breaking and entering of any of various buildings by night or day. In Dino Services Ltd vs. Prudential Assurance Co. Ltd. (1989)1 All ER 422, (CA) goods were stolen from the premises of the insured by thieves who had stolen the keys to the premises from the insureds car and then entered the p....