ORIENTAL INSURANCE CO. LTD. THROUGH ITS DULY CONSTITUTED ATTORNEY, MANAGER, ORIENTAL INSURANCE CO. LTD. HEAD OFFICE, 88 JANPATH, CONNAUGHT PLACE NEW DELHI Vs. ABDUL SHAMAD ABDUL SHAMAD S/O SHRI WAHID AGED 47 YEARS R/O

JUDGEMENT

(1.) The complainant purchased a truck and got it insured with the petitioner company. The driver of the truck namely Tauhid Ali left with the truck loaded with goods for going to Raipur but disappeared on the way. Since he could not be traced, an FIR under Sec. 381 of the Penal Code was registered against him. He absconded and therefore, the trial against him could not be completed. The complainant preferred a claim with the petitioner which was rejected on the ground that this was a case of misappropriation of the truck which was not covered under the insurance policy.

(2.) The District Forum having ruled in favour of the complainant, the petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, the insurer is before this Commission by way of this revision petition.

(3.) The case of the petitioner company is that this was not a case of theft of the vehicle but a case of its criminal misappropriation.