RANJAN KUMAR JENA Vs. GENERAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The short question that arises for consideration in the present petition is whether the Ombudsman was justified in rejecting the Petitioner's complaint against the Opposite Party-General Insurance Company Ltd. which repudiated the claim of the Petitioner regarding the theft of his Chevrolet-make Tavera vehicle.

(2.) The background facts are that the said vehicle was insured with under a policy issued by the Opposite Party-Insurance Company for the period from 19/4/2009 to 18/4/2010. The Petitioner was running a travel agency at Bhubaneswar providing motor services to intending users on payment of hire charges.

(3.) The insured vehicle was sent to a hotel at Bhubaneswar on 28/1/2010 for the purpose of taking passengers to a place in Sambalpur. One of the passengers then told the driver that his wife had taken ill and that they should be dropped at Chandrapur in the State of Chhatisgarh. On reaching the said place, they all halted at a 'Dharmasala' for the night with the driver and one of the passengers sharing a room together. Unaware that the food consumed was intoxicated, the driver went into a deep sleep and on waking up found that his mobile phone, cash and keys of the vehicle had been stolen and his room had been locked from outside. The driver then informed the Petitioner about the entire incident. The theft took place at the night on 31/1/2010.