ORIENTAL INSURANCE COMPANY LIMITED Vs. LAKHBIR SINGH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated 3.7.2001 passed by the District Consumer Disputes Redressal Forum, Karnal whereby while accepting the complaint of the respondent - complainant direction has been given to the appellant -opposite party to pay Rs. 4 lacs to the complainant along with interest @12% per annum from 24.1.1999 the date of untraced report till payment.

(2.) PUT shortly, the facts of the case are that the complainant had insured his truck bearing registration No. DL -1GA -3346 of Model -1994, with the opposite party for the period 31.3.1998 to 30.3.1999 under cover note No. CH -081320 for a sum of Rs. 4 lacs under the comprehensive policy. On 23.9.1998 Sunil, Clearner/Conductor of the truck committed theft of the vehicle for which F.I.R. No. 658 dated 23.8.1998 was registered with the Police Station, Sadar Karnal. The police submitted untraced report dated 24.1.1999. The complainant submitted all the necessary documents to the opposite party for settlement of his claim under the policy. The opposite party did not take any action in this regard which forced the complainant to send a registered notice to the opposite party but without any response. Consequently, the present complaint was filed. The complaint was contested by the opposite party. In the written statement filed it was pleaded that the claim of the complainant as declined as per letter dated 2.12.1999 as the vehicle is question was not stolen but the cleaner of the vehicle had committed criminal breach of trust by taking away the vehicle and this claim was not covered under the terms and conditions of the policy issued to the complainant. Accordingly, it was prayed that the complaint merited dismissal. On the basis of above pleadings of the parties and evidence adduced on record the District Forum found no substance in the stand of the opposite party and issued the directions to the opposite party as noticed above. Hence, the present appeal at the behest of the opposite party.

(3.) LEARNED Counsel representing the parties have been heard at length.