ORIENTAL INSURANCE CO. LTD. Vs. DHANRAJ SURANA

JUDGEMENT

(1.) The complainant / respondent owned a vehicle which he had got insured with the petitioner company. One Braja Mohan Singha was engaged as the driver to drive the aforesaid vehicle, which was a truck. The truck carrying goods loaded in it left, from Guwahati, for Manipur, on 21.5.2006. After delivering the consignment at its destination, the driver allegedly disappeared along with truck itself. An FIR under Section 406 of IPC was registered in this regard at the concerned Police Station and a final report by the concerned Police Station was submitted. A claim lodged by the complainant for reimbursement on the ground that the vehicle had been stolen was repudiated on the ground that it was not a case of theft but was a case of criminal breach of trust in respect of the vehicle and therefore, the loss to the complainant was not covered by the policy.

(2.) Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a consumer complaint. The complaint was resisted by the petitioner on the ground on which the claim had been repudiated.

(3.) The District Forum having allowed the complaint, the petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, the petitioner is before this Commission by way of this revision petition.