B.P. Katakey, J.

1. The appellant/insured, the owner of the motor vehicle bearing registration No. AS-02/A-8159 (Tata Sumo), which was used as commercial vehicle for carrying passengers, lodged a First Information Report on 26.5.2003 in Nagaon Police Station alleging that on 24.5.2003 the said vehicle was hired by four passengers at about 10AM from the taxi stand near Nagaon United Bank and proceeded to Golaghat driven by his driver Sri Hemanta Gogoi, but the vehicle did not return and inspite of his enquiry he could not get any information of the whereabout of the said vehicle as well as the driver, which leads to the suspicion that the said passengers might have taken away the vehicle along with the driver in the guise of passengers. On the basis of such report, Nagaon Police Station Case No. 449/2003 (GR. Case No. 896/2003) under Sections 406 / 420, IPC was registered. The appellant, who took out the policy in respect of the said commercial vehicle belonging to him from the respondent/Insurance Company, which was valid from 1.2.2003 to 31.1.2004, in terms of which the respondent/Insurance Company assured the insured to indemnify against the lost or damages to the vehicle