JUDGMENT

Dalveer Bhandari, J. —

1. Leave granted.

2. This appeal is preferred against the order dated 21st September, 2006 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the National Commission) in R. P. No. 2638 of 2006.

3. Brief facts of the case which are necessary to dispose of the matter are recapitulated as under:-

4. The respondent Nitin Khandelwal had purchased the vehicle Mahindra Scorpio bearing No.HR-18-8743 on 28.5.2003. On 27.9.2003, he had sent his vehicle to bring his children from Jaipur. On the way, some unknown people stopped the vehicle, tied the driver and dumped him on the way and snatched away the vehicle. The report was lodged by the driver at the police station and the appellant Insurance Company was informed of the same. Thereafter, on 2.10.2003, the respondent filed an insurance claim, which was rejected by the Insurance Company.

5. The appellant’s version was that the vehicle was being used as a taxi and the four passengers had hired the vehicle for going from Gwalior to Karoli and those passengers, on the way, snatched the vehicle from the driver. The vehicle was insured for personal use and it was b