( 1 ) A short, sweet and interesting question of law regarding the interpretation of the term "public servant" as defined in Section 21 of the Indian Penal Code with respect to a person working as an Assessor with an insurance company has arisen which requires going into on the following admitted facts,

( 2 ) ANOOP Raj Pun is the proprietor of a firm, M/s. M. R. Puri and Co. This firm is engaged as a surveyor of insurance claims with their head office at New Delhi. Shri A. . R. Puri is holding a licence for the said purpose, issued by the Controller of Insurance, New Delhi. It is acase of the prosecution that truck, Ford Make, Model 1981, bearing Registration No. RRB 3879 belongs to one Mr. M. S. Bhatia of Jaipur. It met with an accident in District Gurgaon. The said truck was insured with M/s. United India Insurance Company, Jaipur. Sardar Manohar Singh Bhatia lodged a claim of Rs. 1,32,549. 57, as damages with the insurance company. Shri V. P. Chawla a private surveyor was deputed by the company to conduct the preliminary survey. He submitted his report on the 4th May, 1981 to the Divisional Office of the Company at Jaipur. As the estimated claim was beyond the sa