(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member) (1) This appeal takes an exception to an order dated 21/12/2001 passed by majority and directed appellant/original opponent to pay compensation of `2,00,000/- to the complainant along with interest @ 12% p.a. towards loss of insured vehicle which was stolen, `1,000/- towards cost of the complaint. Feeling aggrieved thereby this appeal is preferred by the original opponent. (2) It is a case of theft of insured vehicle which occurred on 22/02/1995. Based upon the report of the investigator which suggested possibility of using the vehicle for passenger transport, the insurance company repudiated the claim on 23/04/1996. On repudiation of the claim, the consumer complaint came to be filed which as earlier pointed out, as per majority, stood allowed and insurance company was directed to pay compensation to the complainant. Aggrieved thereby, the opponent insurance company preferred this appeal. (3) Admittedly, the affidavit of the investigator is not on record. The insurance company failed to adduce any evidence to justify their repudiation. Further, in case of theft of the vehicle, it is suspected that the vehcle was being used for transporting the passengers. Ultimately, therefore, the impugned order cannot be faulted with. Thus, we find the appeal is devoid of any merit. Holding accordingly, we pass the following order. ORDER (1) Appeal stands dismissed. (2) In the given circumstances, no order as to cost. Pronounced on 19th March, 2012. | 
