M. THANIKACHALAM J - (1.) The insurance company/ opposite parties 1 and 2, aggrieved by the order of the District Forum, has preferred this appeal.
(2.) The 1st respondent/ complainant/ claimant, is the owner of the vehicle (Lorry), bearing Regn. No.ATA 6487. He insured the said vehicle, with the appellants/ opposite parties on 4.3.1998, under policy No.051601/31/021/11/04587/1997, and the period covered is between 27.3.98 to 26.3.99.
(3.) On 21.9.1998, the vehicle was running near Krishnagiri. On the way from Rayapur to Namakkal, when the driver and the cleaner after taking food, took rest, some unknown person committed highway robbery, they took the vehicle also alongwith the driver and cleaner. On the way, committing murder of the driver, they have thrown the lorry driver as well as the cleaner, as if the cleaner also dead. Later, the matter was informed to the owner, who rushed to the spot, but unable to locate the lorry. Complaint to the police, as well as to the insurance company, failed to yield restoration of the vehicle as well as compensation. Therefore, the respondent as claimant, claiming a sum of Rs.2 lakhs under the policy, with interest thereon, in addition to compensation of Rs.50000/-, has filed a case.;