NATIONAL INSURANCE CO. LTD. Vs. SADANANDA

JUDGEMENT

(1.) THE case of the plaintiff is that he is a Contractor and doing building work. For the said purpose, he uses his truck bearing No. KA 19/7627. It was used for livelihood by self employment. In the course of doing such a work, it met with an accident on 28.5.1999 near Hassan. It was insured with the second defendant/insurer. The truck was damaged. It was taken to the repairer and estimation was prepared for Rs. 1,23,384/ -. Hence, he prepared a claim for the said amount before the second defendant/insurer. The defendant deputed its Surveyor for inspection. He inspected the damaged truck. The plaintiff got the truck repaired through one Sai Kumar. The total cost of repairs including the cost of spare parts was Rs. 96,138/ -. He submitted the original bills of the cost on repairs to the second defendant. The second defendant once again deputed an officer for inspection and thereafter, sanctioned an amount of Rs. 7,300/ -. Thereafter, the plaintiff approached the Consumer Forum seeking for remedy and the same was dismissed on the ground that appropriate remedy is to approach the Civil Court. Thereafter, the instant suit was filed.

(2.) THE defendant entered appearance and denied the suit averments. The Trial Court framed the following issues:

(3.) BY the order dated 2.7.2012, the appeal was admitted to consider the following substantial question of law: