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Judgment
THE residential house of complainant bearing No. 221, Sector 19 -A, Chandigarh was insured against fire, theft etc. for the period 10.2.1990 to 9.2.1991. On 3.9.1990, a fire broke out starting from electric meter in the garage and it was extinguished with the help of fire brigade, Chandigarh. The claim put forward was for a sum of Rs. 26,000/ - before the then District Forum, UT, Chandigarh and it was allowed on 27.11.1991. However, in an appeal it was sent aside by the then Commission and the case was remanded. Now successor Forum dismissed the complaint on 13.9.1996 and aggrieved against it the present appeal has been preferred.
THE fact that the fire started from electric meter installed as usual in the garage of the residential house and that the fire brigade was requisitioned and with the help of neighbourers the Motor Car was taken out safe and loss occurred mainly to the electric fittings, is not disputed. The respondent has placed on record the insurance cover containing all the essential details and the relevant portion is given as under : HOUSE HOLDERS'' INSURANCE Fire & allied 0.60% Rs. 180/ Rs. 3,00,000/ - perils -do - -do - Rs. 72/ - Rs. 1,20,000/ - Burglary 2.40% Rs. 288/ - Rs. 1,20,000/ - Jewellery all risk 10.00% Rs. 305/ - Rs. 30,500/ - TV Set -do - Rs. 125/ - Rs. 12,500/ - MBD 2.50% Rs. 150/ - Rs. 60,000/ - Rs. 1,118/ - 15% SD on NTC Rs. 130/ - Rs. 988/ - The learned Counsel for the appellant has pointed out that when the claim was put forward the original policy was handed over to the respondent Insurance Company and instead of bringing the original on record here the respondent has relied upon a printed form of Householders'' Policy as R -l. Clause 6 of the Exclusions is reproduced as under : "Loss or damage to any electrical machine, apparatus fixture or fitting (including electric fans, electric household or domestic appliances, wireless sets, television sets and radios) or to any portion of the electric installation, arising from or occasioned by over running, excessive pressure, short circuiting, arcing self -heating or leakage of electricity, from whatever cause (lightning included) provided that this exemption shall apply only to the particular electrical machine, apparatus, fixture, fitting or portions of the electrical installation so effected and not to other machines, apparatus, fixtures, fittings, or portion of the electrical installation which may be destroyed or damaged by fire so set up."
THE learned Counsel for the respondent has argued that loss on account of short -circuiting was one of the exclusions and was not covered by the Insurance Policy. We have gone through this exclusionary clause as well and it too contains a proviso that this short circuiting shall apply only to the particular electric machine apparatus, fixture and shall not to other fixtures, fittings or electrical installation which were destroyed or damaged by fire so set up. The relevant lines from the report dated 26.1.1991 of Surveyor deputed by the respondent are as under : "The origin of loss cannot be ascertained and the loss is electric loss and not due to any fire. Thereby the claim does not fall within the scope of policy."
WHERE admittedly the fire was extinguished with the help of fire brigade, the contention that its origin could not be established has no importance. It was a case of deficiency on the part of the respondent that a genuine claim of fire in residential premises was ignored for such a long time. We are of the view that in this policy where the residential premises were insured against fire and allied perils, the complainant was entitled to compensation and not that merely because fire initiated from the electric meter, the respondent could repudiate the claim. The loss assessed by the Surveyors according to the report dated 26.1.1991 was estimated at Rs. 26,103/ -. The conclusion is that the appeal succeeds and the impugned order is set -aside. In this case the amount has been actually paid at the time of execution of the order of District Forum, Chandigarh, dated 27.11.1991. The parties are left to bear their own costs. Appeal succeeds.