TMI Blog2004 (9) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... art thereof be LOST or DAMAGED by BURGLARY and/or HOUSE BREAKING or (b) ANY DAMAGE be caused to the premises to be made good by the Insured from BURGLARY and/or HOUSE BREAKING or any attempt thereat. The term Burglary and/or Housebreaking has been defined in terms of the policy also which reads as under. Burglary and/or Housebreaking' shall mean theft involving entry to or exit from the premises stated therein by forcible and violent means or following assault or violence or threat thereof to the insured or to his employees or to the members of his family There are exceptions to it with which we are not concerned. During the currency of the policy, the respondent had his stock of food grains kept in godown No.48, Srinagar Colony, Bharat Nagar,New Delhi. Shri Ashok Kumar Bansal, one of the partners of the respondent visited his godown on July 2, 1992 and there he found out that 197 bags of gwar were stolen. An F.I.R. was lodged at Police Station Sarai Rohilla under Section 380 of the Indian Penal Code on July 24,1992. Therefore, the respondent raised a claim against the appellant company under the aforesaid policy for incurring the aforesaid loss by theft. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith violence i.e. entry into the premises for committing theft should involve force or violence or threat to insurer or to his employees or to the members of his family. Therefore, the element of force and violence is a condition precedent for burglary and housebreaking. The term 'burglary' as defined in the English Dictionary means an illegal entry into the building with an intent to commit crime such as theft. But in absence of violence or force the insurer cannot claim indemnification against the insurance company. The terms of the policy have to be construed as it is and we cannot add or subtract something. Howsoever liberally we may construe the policy but we cannot take liberalism to the extent of substituting the words which are not intended. It is true that in common parlance the term 'burglary' would mean theft but it has to be preceded with force or violence. If the element of force and violence is not present then the insurer cannot claim compensation against theft from the insurance company. This expression appearing in the insurance policy came up for interpretation before the English Court and the English Courts in no uncertain terms laid down that bur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to constitute an entry within the meaning of policy. The contention was advanced that pushing a door open, if it were ajar, or turning the handle of a door, if the door were shut and could be opened in that way, was sufficient force to satisfy the language of the policy. The second proposition was that if that was so, and therefore it could not be said that the original entry in the case was effected by force within the meaning of the policy, yet nevertheless, the language of the policy was satisfied by the fact that the thief, after having entered the shop without force, proceeded to prise off an iron plate to which a locked padlock was attached securing a show-case in which valuables were placed. Their Lordships considered both the propositions and after reproducing the definition, observed that as per the plain reading of the expression used in terms of the policy violence is a condition precedent. The Court of Appeal reversed the decision of Queen's Bench. This view was reitereated subsequently in the case of Dino Services Ltd. v. Prudential Assurance Co Ltd.. reported in [1989] 1 All ER 422. In this case also the proposition of law as enunciated in the case of George a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s upon the insured's premises or upon the exterior of the insured's premises, so also do safe- burglary policies commonly require visible marks either upon the insured's safe, or upon the exterior of the insured's safe, or upon the exterior of the doors of the insured's safe, and in some instances the requirement of visible marks or visible evidence has been imposed in policies pertaining to theft of property from an insured's automobile. The determination of what constitutes visible marks or visible evidence within the meaning of such a provision, and of where such marks or evidence must be located in order to satisfy the policy requirement, is to a great extent depend upon the particular facts involved in relation to the specific requirements imposed by the policy. Where, for example, a burglary or theft policy requires that there must be visible marks of force or violence at the place of entry into the premises, this requirement has been held complied with if the visible marks are only on one of the outer doors to the insured's premises, which the burglars or thieves must have used to accomplish their deed. However, under such a requirement, if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h reference to the definition given in other laws. It is a matter of contract and in terms of the contract the relation of the parties shall abide and it is presumed that when the parties have entered into a contract of insurance with their eyes wide open, they cannot rely on definition given in other enactment. Thus, the decision of the National Consumer Disputes Redressal Commission in the case of National Insurance Company Ltd. v. Public Type College is not a good law and all the Tribunals i.e. National Consumer Disputes Redressal Commission, State Commission District Forum having applied the ratio of that case; the impugned order cannot be sustained. Reference in this connection may be made to the decision of this Court in the case of Oriental Insurance Co. Ltd. Vs. Samayanallur Primary Agricultural Co-op. Bank reported in AIR 2000 87 SC 10. In this case question came for interpretation of the similar policy, i.e., policy against burglary. The Bank had two insurance policies with the Oriental Insurance Company Ltd. out of which one was cash insurance policy for ₹ 1 lakh and the second was a burglary insurance policy for ₹ 25 lakhs. The relevant terms of the pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of the insurer. The insured cannot claim anything more than what is covered by the insurance policy. Similarly in the case of General Assurance Society Ltd. Vs. Chandumull Jain and Anr. reported in (1966) 3 SCR 500 the Constitution Bench has observed that the policy document being a contract and it has to be read strictly. It was observed, In interpreting documents relating to a contract of insurance, the duty of the court is to interpret the words in which the contract is expressed by the parties, because it is not for the court to make a new contract, however reasonable, if the parties have not made it themselves. Looking at the proposal, the letter of acceptance and the cover notes, it is clear that a contract of insurance under the standard policy for fire and extended to cover flood, cyclone etc. had come into being. Therefore, it is settled law that the terms of the contract has to be strictly read and natural meaning be given to it. No outside aid should be sought unless the meaning is ambiguous. From the above discussion, we are of the opinion that theft should have preceded with force or violence as per the terms of insurance policy. In order to substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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