UNITED ENGINEERING CO Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is Plaintiffs appeal under Section 96 of Code of Civil Procedure, 1908, against the judgment and decree dated 25-8-1995, passed by the IIIrd Additional District Judge, Raipur, in Civil Suit No. 30-B/1989, whereby and whereunder the Plaintiff's suit has been dismissed.

(2.) Brief facts of the case are that, the Plaintiff M/s. United Engineering Company is a partnership firm engaged in manufacturing of high and low density polythene pipes and polythene films etc. and is registered under small scale industries, Raipur.

(3.) The Plaintiff secured loan from Defendant No. 2/Bank by hypothecating with it its goods finished and unfinished. A fire policy was obtained from Defendant No. 1/insurance company by the Plaintiff through bank to cover the risk of goods, building, plant and machinery to the extent of Rs. 11,30,000/- by paying a premium of Rs. 4831/-. On 3-8-1985, based on Plaintiffs proposal (Ex. D/1), the cover note (Ex. P/2) was issued. Later on, policy was also sent.