9911796707
TMI Blog2023 (5) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... ble that the loss of or visible physical damage or destruction by external violent means directly caused to the property insured was covered, but the loss, damage or destruction to the property caused by burglary, housebreaking, theft, larceny or any such attempt or any omission of any kind of any person in any malicious act was not covered - In the instant case, the appellant-Insurance company had repudiated the claim of the respondent taking recourse to the said Clause V(d) of the subject policy on the ground that the loss caused to the respondent was an outcome of the malicious act/acts on the part of the respondent Vedic Village management and it fell within the exclusions provided under Clause V(d) of the Insurance Policy. For the purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed:- 17-5-2023 - MR. AJAY RASTOGI AND MS. BELA M. TRIVEDI, JJ. Petitioner's Advocate : Manjeet Chawla JUDGMENT The aggrieved appellant-Insurance Company has filed the present appeal under Section 23 of the Consumer Protection Act, 1986 (hereinafter referred to as the said Act) challenging the judgment and order dated 07.01.2019 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the National Commission ) in Consumer Complaint No. 227 of 2012, whereby the Commission has allowed the complaint filed by the complainant (respondent herein), and directed the appellant to pay a sum of Rs. 202.216 lakhs to the complainant along with interest @ 9% per annum from six months from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey saw a football match going on at Sekharpur Adarsha Sangha Ground. When the said football match was going on, suddenly one Gaffar Molla and his associates started firing and hurling bombs to postpone the match. As a result, thereof, the brother of the complainant, namely, Alam @ Amirul Sardar received gunshot injury on his person causing his instant death. Several other spectators also received injuries due to bomb explosion. 5. During the course of investigation, it was revealed that the accused- Gaffar Molla and his associates after the firing and throwing bombs at the football match venue, and upon being chased by the crowd, took shelter in Vedic Resorts and Hotels Pvt. Ltd. of the respondent complainant. Since the said Gaffar Moll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, which by the impugned order dated 07.01.2019 partly allowed the same as stated hereinabove. 9. The learned counsel Mr. Vishnu Mehra, appearing for the appellant-Insurance Company vehemently submitted that the respondent had harboured the hard-core criminal Gaffar Molla and his associates who had killed one person and injured many others at the football match venue, using illegal fire-arms and explosives stored at his own compound of Vedic village and had invited public grudge which had caused damage to his insured property. Hence, according to him, the loss suffered by the respondent was an outcome of the malicious act on the part of the management of Vedic village, which fell within the exclusions provided under Clause V(d) of the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bance of public peace) in any malicious act. If the Company alleges that the loss/damage is not caused by any malicious act, the burden of proving the contrary shall be upon the insured. 12. From the bare reading of the said clause, it is discernible that the loss of or visible physical damage or destruction by external violent means directly caused to the property insured was covered, but the loss, damage or destruction to the property caused by burglary, housebreaking, theft, larceny or any such attempt or any omission of any kind of any person in any malicious act was not covered. It further states that if the Insurance company alleges that the loss/damage was not caused by any malicious act, the burden of proving the contrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the respondent-complainant. Even if, the allegations against the said Gaffar Molla and his associates are taken at their face value, it is difficult to accept the contention raised by the learned counsel for the appellant that the damage caused by the frenzied mob which had chased said Gaffar Molla and his associates, was caused due to the malicious act on the part of the respondent and therefore was excluded from the coverage in view of Clause V(d) of the subject Policy. 14. It is trite to say that wherever such an exclusionary clause is contained in a policy, it would be for the insurer to show that the case falls within the purview of such clause. In case of ambiguity, the contract of insurance has to be construed in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
