VENKATESWARA BOREWELLS Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) In this complaint, under Sec.17 read with Sec.12 of Consumer Protection Act, 1986 , the complainant has sought payment of compensation in a sum of Rs.9.9 lakhs with interest thereon and also punitive damages in a sum of Rs.50,000/- from the O. P. The Oriental Insurance Co. Ltd. , Bangalore.

(2.) The complainant insured with the opposite party-the Oriental Insurance Co. Ltd. , his drilling rig which consisted of a diesel engine coupled to a compressor which in turn is mounted on a Ashok Leyland Truck. The period of insurance was from 1.2.1991 to 31.1.1992, the insurance amount was Rs.9.9 lakhs as per the policy -Ex. C-4.

(3.) The complainant, with a view to make sale of the said drilling rig, sent the said rig from Bangalore to Bombay with one Sri. B. A. Muthappa, Driver-cum-Manager and one Sri. Ramu as Cleaner. The said vehicle left Bangalore on 19.8.1991, reached Pune on 21.8.1991 and as Muthappa became sick at Pune; parked the vehicle in front of Vishwa Kamal Hotel on Bangalore-Pune Road and stayed in the adjoining Rajdoot Hotel. Sri. Muthappa directed the Cleaner-Ramu to stay with the vehicle. Sri. Muthappa inspected the said vehicle on 22nd and 23rd of August, 1991. On 23.8.1991, Muthappa felt very weak and got himself admitted to the nearby Kamal Nursing Home, Saparashwanath Society, Market Yard, Pune. Mr. Muthappa was discharged at about 11.30a. m. on 24.8.1991. When he reached the Hotel from the Nursing Home on 24.8.1991, found the drilling rig and Mr. Ramu missing. The material facts, in this regard, are averred by the complainant at para 8 of the complaint, which read as under: "8. The vehicle left Bangalore on 19.8.91 and reached Kholapur on 20.8.1991. The check post at Kholapur issued a temporary permit for plying the vehicle in Maharashtra for the period 20.8.1991 to 26.8.1991 (Encl. as Annex. P-9 ). The vehicle then reached Pune on 21.8.91. As Sri. B. A. Muthappa, did not feel well and with the consent of the complainant, decided to take rest for a day or two. He parked the vehicle in front of Vishwa Kamal Hotel on Bangalore-Pune Road and stayed in the adjoining Rajdoot Hotel. He instructed the cleaner Ramu to stay with the vehicle. The keys of the vehicle and the documents like RC Book, Tax Card, Permit etc. was kept with Sri. B. A. Muthappa, in the Hotel Room. The vehicle was inspected by the Manager on 22nd and 23rd morning and was found where it was parked. On 23.8.1991, Sri. B. A. Muthappa, felt very dizzy and weak in the morning. He immediately got himself admitted to the nearby Kamal Nursing Home, Saparashwanath Society, Market, Yard, Pune. He was given necessary treatment and stayed in the Hospital on 23rd and 24th August 1991. He was discharged at about 11:30 a. m. on 24.8.1991 after paying the necessary bills (Encl. as Annex. P-10 ). When he reached the Hotel from the nursing home he found the drilling rig missing. He could not also find the cleaner. The matter was immediately reported to the nearby Pawate Darshan Police Station. The Manager was asked by the police to scout the nearby areas for the vehicle. Having not found the vehicle the Manager tried to get in touch with the complainant over the phone. As he could not get the complainant, he sent a tele gram which is enclosed as Annex. P-ll. The matter was then formally reported to the Police Station by a letter (Encl. as Annex. P-12) and an FIR was recorded (Encl. as Annex. P-14 ). The Manager along with the Pune police then proceeded to Bombay and contacted the intending purchasers to try and locate the vehicle. They also visited other places in Bombay in their attempt to locate the vehicle. " Sri. Muthappa, the Manager filed the complaint with the Police at Pune which was registered and an FIR was issued.