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2019 (5) TMI 1218 - SC - Indian LawsInsurance against burglary and/or house breaking - loss or damage was caused without forcible and violent entry to and/or exit from the premises - case of appellant is that conditions of exclusion under the policy document were not handed over to the appellant by the insurer and in the absence of the appellant being made aware of the terms of the exclusion, it is not open to the insurer to rely upon the exclusionary clauses - HELD THAT:- The District Forum came to a specific finding of fact that the insurer did not furnish the terms and conditions of the exclusion and special conditions to the appellant and hence, they were not binding. When the case traveled to the SCDRC, there was a finding of fact again that the conditions of exclusion were not supplied to the complainant. The NCDRC missed the concurrent findings of both the District Forum and the SCDRC that the terms of exclusion were not made known to the insured. If those conditions were not made known to the insured, as is the concurrent finding, there was no occasion for the NCDRC to render a decision on the effect of such an exclusion - the NCDRC was in error in reversing the decisions of the District Forum and the SCDRC which were grounded on a pure finding of fact that the terms of exclusion were not made known to the insured. The order passed by the District Forum shall accordingly, stand restored - appeal allowed.
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