ORIENTAL INSURANCE COMPANY LTD Vs. PREM LAL

JUDGEMENT

(1.) The challenge in this appeal is to the orders of the learned District Forum, dated 27th November, 1995, whereby the opposite party "hereinafter to be referred to as the appellant" has been directed to pay the insurance money of Rs.1,10,000/- along with interest @ 12% per annum from the date of Surveyor report i. e. , 28.9.92 to the date of payment of aforesaid money. The costs of Rs.500/- has also been awarded.

(2.) The relevant facts which are necessary to be mentioned for determining the points in controversy are that the complainant "hereinafter to be referred to as the respondent" owned a Maruti Van bearing registration No. HP-02-1071 and also employed one Shri Meen Bahadur of Manali as driver for driving the vehicle as taxi. This vehicle was insured with the appellant for a sum of Rs.1,10,000/- vide Policy Cover Note No.625796 dated 7.11.91, for a period of one year. On 9.5.92, at about 9.00 a. m. , during the period when the insurance policy was in force, the respondent noticed that his taxi was not available in the garage, where the same had been parked on the previous night. After thorough search, it was discovered that the vehicle has been stolen by the driver himself who was employed by the respondent.

(3.) According to the appellant's Counsel, this case is a case of criminal breach of trust as the vehicle was entrusted by the respondent to the driver for driving the same as a taxi which was stolen by him and the case of criminal breach of trust is not covered under the terms of the policy and therefore, the appellant is fully justified in repudiating the claim of the respondent.