ORIENTAL INSURANCE COMPANY LTD Vs. V MUJEEB RAHMAN

JUDGEMENT

(1.) PRESIDENTAPPELLANT is the opposite party/ Insurance Company in OP No. 419/2003 in the file of CDRF, Kozhikode. The appellant is under orders to pay to the complainant a sum of Rs. 2,23,035 and compensation of Rs. 1,000 and costs of Rs. 500.

(2.) THE case of the complainant is that he purchased a Maruti Car on 17.6.2002 when the same was insured with the opposite party. The vehicle was entrusted to one Khader a friend of the complainant for his personal use for a few days on 16.9.2002. After a few days when the complainant sought for return of the car the above Khader evaded. Later, on inquiries it was known that the vehicle was disposed of by the said Kohader. A criminal complaint was filed asCCNo.598/2002beforeJFMC -IV,Kozhikode and search warrant under Section 94, Cr.P.C. was issued. The vehicle could not be recovered. It is alleged that Khader has committed theft of the vehicle. The claim made was repudiated.

(3.) THE opposite parties/appellants have contended that matter was investigated by the opposite party also and according to the investigator the transaction with Khader amounted only to a breach of trust and hence the opposite parties are not liable.