ORIENTAL INSURANCE COMPANY LIMITED Vs. ANIL KUMAR

JUDGEMENT

(1.) This is an appeal against order dated 9.5.1997 passed by District Forum, Muzaffar Nagar in Complaint Case No.296/1994. The facts of the case stated in brief are that the complainant is the owner of an Escorts tractor bearing Registration No. UP 12 A 5968. This tractor was purchased after taking loan of Rs.1,42,500/- from Canara Bank, Muzaffar nagar. This tractor was got insured with the opposite party and the policy duration was from 30.12.1992 to 29.12.1993. After the day's work was finished the tractor used to be parked at the residence of complainant by the driver and the keys were also handed over to him. On 28.12.1992 in the morning when the complainant came out of his residence, he found the tractor missing. He lodged a complaint of this fact at the police station and also informed the Canara Bank and the Insurance Company on 31.12.1992.

(2.) After the receipt of the information, Insurance Company appointed a Surveyor. The Surveyor was given necessary papers and he assessed the loss at Rs.1,35,000/- but payment of Rs.1,34,288/- were recommended. After an enquiry the Investigating Officer, Police Station submitted a final report on 9.4.1993 copy of which was sent to the Insurance Company on 21.2.1993. Thereafter on 29.2.1993 the keys of the tractor was handed over to the Insurance Company by the complainant, but the Insurance Company did not reply for settlement of the claim. Thereafter a notice was served. Claimant has claimed the insurance amount accorded by the Surveyor alongwith Rs.50,000/- as damages and Rs.12,000/- as interest which had to be paid to the Bank.

(3.) The opposite party filed a written statement admitting the insurance but asserted that as the tractor was in the possession of the driver, it was not a case of theft and no claim is payable.