ORIENTAL INSURANCE CO LTD Vs. RITESH PRASAD

JUDGEMENT

(1.) Insurance Company-Defendant is the Appellant in this appeal. Both the courts have recorded their findings and passed judgments and decrees fixing liability against the Appellant.

(2.) The Plaintiff had filed money suit in the trial court praying for a decree of Rs. 4,15,000/- together with pendentelite and future interest @ 18 per annum.

(3.) The Plaintiff's case was that his Mahendra Jeep bearing No. JH-06A-0656, make 2001 was registered in the office of District Transport Officer, Chaibasa and was insured with the Defendant-company as a private vehicle for a value of Rs. 4,15,000/-. The vehicle was being used by the Plaintiff for his own personal purpose and was being driven by his driver-Mr. Tabrej Alam with valid driving licence. On 5.3.2002, the said vehicle was sent with the driver to bring the family of his sister from Ranchi. While the vehicle was to leave for Chaibasa, two miscreants stopped the vehicle and forcibly boarded in the vehicle and threatened the driver on the point of revolver and directed him to drive towards Chakradharpur. When the vehicles reached Chakradharpur, three more persons, who were waiting for them, also boarded in the vehicle and directed the driver to drive the vehicle towards Ranchi. When the driver was coming towards Ranchi, the miscreants put some intoxicating substance in his nose. The driver lost his sense and control over the vehicle. The driver was also assaulted by the miscreants, who fled away with the vehicle leaving the driver on road side in unconscious condition. When the driver regained consciousness, he reported the incidence to the local police, but they refused to take his report saying that the matter is of Keraikela police station. The driver then reported the incidence to Keraikela police station. His report was recorded in the police station, Keraikela. Further case of the Plaintiff was that even at that time, the driver had not regained full consciousness and he was not able to properly convey the entire incidence. However, the police on the said information registered a case under Section 397 of Indian Penal Code. The driver then returned Chaibasa where he was treated by the doctor. When he fully recovered and gained consciousness, he filed a petition before the S.D.J.M., Porahat praying to record his statement under Section 164 Code of Criminal Procedure, but the same was rejected. Informant again filed a petition praying for forwarding a copy of his statement to the Officer in Charge, Keraikela on 17.8.2002 and the same was allowed. The police thereafter again recorded the statement of driver in the case diary. On that basis, the Plaintiff lodged a claim before the Defendant-Insurance Company requesting to pay the amount as per the Insurance Policy. The Insurance Company appointed Sri Keshav Prasad as an Investigator. The investigator recorded the statement and submitted a report supporting the Plaintiffs claim, but even thereafter amount was not paid by the Defendant. The Plaintiff claimed that he is entitled to get the amount covered by the Insurance.