The petitioner opened a jewellery shop at Tirupur,
Tamil Nadu in 2009. Movable assets kept inside the premises of
the show room were insured with the 1 st respondent company
under Jewellers Block Policy for the period from 27.4.2011 to
midnight of 26.4.2012.
2. On 22.2.2012, at night some thieves broke into the
jewellery shop and committed theft of 36 kgs. of gold jewellery
and 2 kgs. of diamond studded gold jewellery. Tirupur police
registered crime No.333/2012 in connection with the
occurrence. Investigation has not been completed yet as five
absconding accused could not be traced and arrested.
3. Petitioner informed the 1st respondent company
about the incident. A Surveyor was deputed by the 1 st
respondent company. On 17.4.2012, Surveyor submitted his
2025:KER:62233
report. In the report the Surveyor stated that entire stock of
gold ornaments, etc. kept in the safe was still there and all
ornaments in the display windows including diamond studded
ornaments were taken away by the burglars. Surveyor found
that the petitioner had complied with all the warranties except
safe keeping of jewellery displayed in the windows in the safe
lockers after business hours.