RATUL DAS Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Heard Mr. K. K. Mahanta, learned Sr. Counsel assisted by Mr. A. Samua, learned counsel for the petitioner. Also heard Mr. A Ahmed, learned Counsel appearing for the Oriental Insurance Company Ltd. (for short, 'the Company).

(2.) The case of the petitioner herein is that his vehicle which was duly insured with the Oriental Insurance Company (for short, 'the Company) for the period from 1.2.2003 to 31.1.2004 was taken on 24.5.2003 by the driver with the passengers therein on hire for the journey to and fro from Nagaon to Golaghat and since then whereabout the vehicle including the driver was not known. In this regard a police case was registered with the Nagaon Police Station being Nagaon P. S. G.R. No. 1100 dtd. 26.5.03 under Section 406/420 IPC.

(3.) The petitioner, having the valid insurance policy, approached the concerned authority of the insurance-company claiming compensation of the vehicle under the head of theft.