M MUTHU Vs. S MURUGAN

JUDGEMENT

(1.) Briefly the facts are, that the complainant is the owner of the Maruti Van bearing registration No. DAE-4623 which was hired by Shri Rajbir Singh, S/o Shri Rattan Singh, R/o Vill. and P. O. Jaffarpur Kalaan, Delhi-73, (hereinafter referred to as 'the lessee') from them.

(2.) An agreement between the complainant and lessee was executed on 17th December, 1988. The vehicle was stolen and the report was made to the police under Sec.364/34 IPC which was registered as FIR No.96 of 1989 dated 23rd March, 1989. The police ultimately closed the case on the ground that the vehicle was not traceable. The complainant lodged a claim with the respondent but the same was repudiated by them on the ground that the vehicle was being used as a 'taxi' by them. The complainant filed a complaint against the respondent before the Commission for recovery of price of the vehicle and the damages.

(3.) The complaint was contested by the respondent inter-alia on the ground that the complainant committed the breach of the condition of the policy as they were using the vehicle as a taxi, whereas it was registered as a private car