AVTAR SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This is a very unfortunate case. The complainants are Avtar Singh, father, Smt. Jagdish Kaur, widow, and two minor children aged 5 and 3 years. The deceased was Daljit Singh, 27. The case of the complainants is that Avtar Singh was the owner of 1988 model Ambassador Car No. DAQ 3057. He had employed his son Daljit Singh as a paid driver for the said car. He too a comprehensive insurance policy for the ca for the period 22.11.90 to 21.11.90, the insured value being Rs.1 lac. On payment of additional premium, certain supplementary endorsements had also been obtained in the policy. On 20.5.91, Daljit Singh was reported to have been murdered and the car taken away by the robbers in the area of Bullandshehar in U. P. From the driving licence found in the pocket of the deceased, the police contacted the father of the deceased in Delhi. FIR was lodged by him on 23.5.91 at P. S. Jahangirabad, Uttar Pradesh. The Insurance Company was informed of the incident on 1.11.91. The complainant submitted various claim forms and furnished other details required by the Insurance Company from time to time. The widow and children of the deceased filed a claim under the Workmens Compensation Act against the employer, namely Avtar Singh. By letter dated 22.12.93, the Insurance Company repudiated the claim. The present complaint was filed on 3.6.93 claiming Rs.2,99,397/- on account of loss of the car and the claim preferred by the widow and children against the owner of the car under the Workmens Compensation Act.

(2.) In the written version filed by the Insurance Company it has been stated by way of preliminary objection that the widow and children of the deceased having filed the claim before the Commissioner, Workmens Compensation the present complaint to the extent of the said claim was not maintainable. It has further been stated that the insurance policy had been issued for use of the car as private car. In fact, at the time of occurrence, it was being used as a private taxi. This was in contravention of the express terms and conditions of the insurance policy and accordingly the Insurance company was not bound to pay any amount to the complainant. The insurance Company is stated to have referred the matter to M/s. Mehra Associates to investigate the facts and circumstances. Mr. O. P. Mehra submitted report, Annexure R-1, filed with the written version dated 29.10.92. On the basis of the enquiries including the material collected by the police in the investigation of the criminal case it was reported that the police had recorded the statements of Kuldeep Singh and Gurdev Pal, taxi drivers, to the effect that on 19.5.91 three persons came and hired Daljit Singh's black ambassador car for going to Jahangirpur, Khurja from the taxi stand at Darya Ganj. A day or two later they learnt that Daljit Singh had been murdered and the car taken away.

(3.) In the rejoinder the complainant controverted the facts and pleas raised in the written version and took a firm stand that the car had not been used as a private taxi and the complaint was maintainable.