VENKATESHWARA BOREWELLS Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the order of the State Commission dismissing the complaint.

(2.) BRIEFLY stated the facts of the case are that the complainant owned a Drilling rig along with a compressor mounted on a truck which was insured with the respondent Company. It is the case of the complainant that the said rig was sent to Bombay from Bangalore for sale on 19.8.1991. The truck had a driver and a cleaner. Driver fell sick en route at Pune on 21.8.1991 and parked the vehicle near Hotel Rajdoot and asked the cleaner to be on the vehicle for its safety. Driver had to be admitted in a hospital and on discharge when he came back from the Hospital to the Hotel on 24.8.1991, he found both the rig and the cleaner missing, upon which, the driver lodged a complaint with the police at Pune. Complainant also reported the loss to the respondent Company. The claim of the complainant was repudiated on the ground that reasonable care of the vehicle as per terms of the policy was not taken by the petitioner and it was an act of criminal breach of trust on the part of employee of the complainant. It is after this that the complainant filed complaint before the State Commission who after hearing both the parties dismissed the complaint on the ground that this was a case of breach of trust which contingency is not covered by the terms of the policy. Complainant not being satisfied with the order has filed this appeal.

(3.) HE also cited our order passed in S. Bhagat Singh v. The Oriental Insurance Company, 1991 2 CPJ 700 (i) Consumer Protection Act, 1986 - Sections 2(1)(o) and 14 - "Insurance" - Complainant was owner of a Taxi-Car, which was insured with the opposite party - Taxi was hired by some passengers - Whereabouts of taxi and driver not known - Police report lodged - Police could not trace both, the untraced report was issued - Complainant informed the opposite party and claimed insurance amount - Insurance Company contended that loss of the Taxi was not a case of theft therefore not covered under the policy - Whether the claim is covered ? (Yes).