(1.) An interesting question raised before this Court through this appeal is, whether a vehicle, which was stolen from its owner and was latter involved in an accident, while the same was driven by another person, who is either a thief or a person in possession of the stolen vehicle, could be treated as an authorised person entitled to drive, as per the conditions contained in the policy issued by the appellants, the insurer, in favour of the insured, the actual owner of the vehicle and therefore, the insurer is bound to indemnify the insured.
(2.) The brief facts required for the disposal of this appeal are that the additional third respondent in O.P.(MV)No. 1365/98 on the file of the Motor Accidents Claims Tribunal, Attingal, in short the Tribunal, had reported to the Medical College Police Station, Thiruvananthapuram, that his motor cycle, bearing Regn.No. KL-01/K-3490 was stolen from his flat, No. 1, P.T. Chacko Nagar, Medical College P.O., Thiruvananthapuram. The Medical College Police registered the crime No. 138/97 under Section 3801.P.C. While the said crime case was pending investigation, the owner of the vehicle, O. Rajan, the additional, 3rd respondent in the O.P., filed a claim petition before the insurer for the loss suffered by him, due to the theft of his vehicle. While both the investigation of the crime case, as well as the claim preferred by O. Rajan, before the insurance company were pending, the vehicle which was driven by S.K. Sunil, the first respondent in the O.P. and the second respondent in this appeal, met with an accident. The claimant, who suffered, injuries had preferred the above claim petition, before the Tribunal.
(3.) The claimant produced nine documents. The respondents produced Exts.B1 and B2. Ext.XI, the CD file was also produced. The Tribunal, after appreciating the same, awarded a compensation of Rs. 31,800/- with 9% interest, and cost of Rs. 750/-. There was a direction to the insurance company, the appellant herein, to deposit the award amount, which is under challenge through this appeal.