WBSEB Vs. SUSANTA MUKHERJEE

JUDGEMENT

(1.) -Commander jeep bearing registration No. MP-18 A 6182 belonging to the petitioner complainant was comprehensively insured with the respondent/opposite party insurance company for the period from 26.10.1995 to 25.10.1996 and was alleged to have been stolen on 8.9.1996. Jeep was registered as a private Omni Bus with the Transport Authority. Claim made by the petitioner was repudiated by the respondent on ground of jeep being given on hire to three unknown persons at the rate of Rs. 500 per day for going from Shahdol to Mirzapur and it, thus, being used against the limitation as to use. Complaint filed by the petitioner on contest was dismissed by the District Forum and appeal against District Forum's order filed by the petitioner was also dismissed by the State Commission. It is not in dispute that FIR under Section 397, IPC was registered on the basis of statement of Om Parkash, driver at P.S. Shakaldeh in District Varanasi which was about 400 kms. away from Shahdol, the place of the petitioner on 9.9.1996. Fora below had taken note of this FIR and the investigation report of K.S. Sharma, Investigator dated 20.3.1979 in reaching the conclusion that jeep was being used against the limitation as to use and the repudiation of claim was, thus, justified. Having heard Mr. Manoj Patel for petitioner I am not inclined to take a view different from that taken by the Fora below in the matter considering the said evidence. Revision petition is therefore dismissed. Revision dismissed.