Skip to main content

A steel almirah with a single lever lock cannot be treated as a 'locked safe'

In National Insurance Co. Ltd. vs M/S. Mehta Jewellers, claim lodged by the jewellers after burglary in their shop. The insurer referred to the policy which stated said, "Warranted that all property including cash and currency notes whilst at the premises specified in the schedule shall be secured in locked safe of standard make at all times out of business hours" and in view of the policy term, the claim was  repudiated by the insurer  on the ground that the 'ornaments in the shop at the material time of burglary were kept in a steel safe of local make and not in burglar resistant safe'. 

The repudiation of claim of the complainant was intimated after a gap of two years from the incident. Aggrieved, the complaint filed a consumer complaint before the State Commission.

Learned counsel for the appellant argued that the surveyor has clearly reported that the jewellery was kept in an almirah with single lever.  Even in the FIR the complainant has mentioned that he closed the jewellery and other documents in the iron cupboard, which is not a "locked safe".  Thus, it is clear that the complainant himself is admitting that jewellery was not secured in a 'locked safe' of standard make.  

The State Commission has observed that a burglar proof safe is not a reality and has not been defined in the policy. Moreover, standard make is also not defined in the policy and therefore, the State Commission has allowed the insurance claim on the basis that the Insurance Company or the agent never objected to the steel almirah being used by the complainant as safe.  

Learned counsel submitted that locked safe of standard makes are known to every jeweller and jewellery is to be kept in such locked safe.  Clearly, steel almirah with single lever cannot be treated as safe.  Obviously, it is easier to break almirah of a single lever lock than to break a safe.

The counsel referred to Oriental Insurance Co. Ltd. Vs. Samayanallur Primary Agricultural Coop. Bank, M/s. Karnataka Fisheries Development Corporation Ltd. Vs. M/s. United India Assurance Company Ltd. &Anr., National Insurance Co. Ltd. Vs. Ram Kumar Aggarwal, United India Insurance Company Ltd. Vs. Orient Treasures Private Limited, all of which discussed the issue of 'safe' in relation to valuable items.

The NCDRC referring to judgments in General Assurance Society Ltd. Vs.Chandmull Jain, Oriental Insurance Co. Ltd. Vs. Sony Cherian II, United India Insurance Co. Ltd. Vs. Harchand Rai Chandan Lal, held that it is clear that in the present case the warranty is to be treated in the terms it is given in the policy.  It is clearly stated that during non business hours all the cash and jewellery will be secured in a locked safe of standard make.  Even if one leaves the condition of standard make, which is vague and not defined in the policy, one has to take into consideration that articles are required to be secured in a locked safe.  As the word 'safe' is not defined, one has to take the help from other sources.  It has already been seen that as per Webster Dictionary, the meaning of safe is "a strong fireproof cabinet with a complex lock".  Clearly in a simple steel almirah the lock is not complex and the almirah can very well be opened by widening the space between doors.  It is also clear that the articles kept in other space than the space described in the policy are not to be considered while deciding the claim as held by the Hon'ble Supreme Court in United India Insurance Company Ltd. Vs. Orient Treasures Private Limited (supra).  Even in the common parlance, a normal steel alimirah is not referred as 'safe' and a 'safe' is understood to be a cabinet where valuables are safe as it cannot be opened without key. 

Comments

Most viewed this month

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...