ORDER

Sanjeev Sachdeva, J. (Oral). - The hearing was conducted through video conferencing.

2. Appellant impugns award dated 27.11.2021 to the limited extent that it grants recovery rights against the driver of the vehicle.

3. Learned counsel for the appellant submits that since the vehicle was stolen and driver was a professional thief there was no liability on the insurance company to pay the amount.

4. The factual matrix of the case is that on 28.01.2015 the deceased was going to Pocket-1, Sector B-4, Narela, Delhi on a scooty and at about 5.30 AM when he reached near Pocket 13, Sector-4,Narela, Shahpur Road, Narela, Delhi the offending Eeco Car being driven in a rash and negligent manner by one Sh. Niraj @ Mika came and hit the scooty of the decease with great force. As a result of the forceful impact deceased fell down and sustained fatal injuries.

5. The tribunal has found that the offending vehicle was stolen by Niraj @ Mika and a complaint was already lodged with Police Station Narela with regard to the theft of the offending vehicle. The vehicle was insured with the appellant.

6. The question that arises for consideration is as to whether the insurance company is absolved of the