(1.) LEAVE granted.
(2.) HEARD parties.
(3.) BRIEFLY stated the facts are as follows: The Respondent had got his vehicle with the Appellant's company. It is an admitted position that in the Insurance Policy the estimated value of the car was shown as Rs. 6 lakhs. The car met with an accident on 12th January, 1999. At that time it was admittedly insured. The workshop submitted an estimate of Rs. 7,12,511/- for repair of the car. The Surveyor, appointed by the Insurance Company, opined that it would be better to pay total loss. He opined the value of the car was Rs. 3,50,000/-. The Insurance Company paid sum of Rs. 3,50,000/-.