ORIENTAL INSURANCE COMPANY LIMITED Vs. AVDESH KUMAR SHARMA

JUDGEMENT

(1.) THIS is an appeal against the order dated 9.11.2004 passed by the District Forum, Dehradun whereby the complaint of the complainant for recovery of Rs. 2,20,770/ - was allowed along with interest @ 8% and cost of Rs. 3,000/ -.

(2.) THE brief facts of the case are that the complainant was the owner of jeep No. UP07E/4948. It was insured with the appellant. During the insurance period, on 1.5.1998 the driver of the vehicle Sh. Jasvir Singh took the vehicle and went away. Thereafter it was stolen. The driver and the vehicle could not be traced till date. The complainant lodged the claim with the Insurance Company along with FIR, Final Report and other papers but in spite of notice when the payment was not made, the complaint filed the complainant before the learned Forum.

(3.) THE Insurance Company has repudiated the claim vide letter dated 22.9.199, wherein it is specifically written, "It is to inform you that your claim has been rejected by competent officer because the case made out is under Section 406, I.P.C., i.e., Breach of Trust. This is not within the terms of insurance policy". On no other ground the claim has been rejected.