Supreme Court in the case of Amrit Paul Singh (supra), is wholly
misconceived and distinguishable on facts. In the said case, the issue
pertained ... insurer. In the present
case also, the police investigation and challan categorically establish that
the deceased was kidnapped and murdered inside the insured vehicle itself
indicates that Sh.
Davinder Kumar was kidnapped alongwith his vehicle and
thereafter, found dead and a case under Sections ... strangulation. The cumulative effect in the present case is that
deceased Davinder Kumar was kidnapped and died.
Consequential its effect is that
relate to theft
of truck but involved Section 379/364 IRC (kidnapping or abducting in
order to murder). The order passed by the Ld. State ... dismissing the claim was set aside by National Commission holding that
the case of theft clearly emerged from the facts and circumstances
