- (1.) UNSUCCESSFUL complainant is the appellant before us against the judgment and order dated 24.5.2004 passed in Complaint Case No. 33/01, whereby, the complainant has been non suited with respect to the insurance claim on the ground mentioned therein. The facts of this case are not very much in serious dispute which may be noticed as under.
(2.) THE complainant purchased a Tractor bearing registration No. BR -23 2859. The said Tractor was insured with the respondent Insurance Company w.e.f. 30.3.1993 to 29.3.1994. On 31.3.1993, i.e. just the following day of the insurance, the spare parts were alleged to have been stolen. From the order under challenge, it appears that the claim was lodged before the Insurance Company on 17.2.1996. However, the date is disputed on behalf of the appellant. It is stated that for the first time, the claim was lodged on 25.1.1994. Learned counsel, however, submits that the claim was lodged on the same date, i.e. 31.3.1993 before the Insurance Company. Since the claim was not settled, ultimately, the instant complaint was filed before the District Forum sometime, in 2001. Learned counsel appearing on behalf of the appellant has vehemently challenged the order, firstly, on the ground that the reason assigned by the District Forum is not sustainable in the eye of law in, as much as, even if it is assumed that the Driver has no valid licence, the claim of the complainant cannot be denied in view of the fact that there is no nexus between the defective licence and theft of the article. In support of his contention, learned counsel has relied upon the decision in the case of Jitendra Kumar V/s. Oriental Insurance Company Limited and others, as reported in AIR 2003 SC 4161.
(3.) IN opposition, however, Mr. Alok Lal has supported the order passed by the Court below and submits that theft of spare parts is not covered under the policy which falls under the exclusion clause. In support of his contention, he has relied upon Clause 2 (a) of the policy which reads thus : "(2) The Company shall not be liable to make any payment in respect of : (a) Consequential loss depreciation wear and tear mechanical or electrical breakdowns failures or breakages nor for damage caused by overloading or strain of the Motor Vehicle nor for loss of or damage to accessories by burglary housebreaking or theft unless such Motor Vehicle is stolen at the same time." ;