DALJIT SINGH Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THIS Appeal is directed against the judgment dated 7.8.1997 passed in Suit No. 331/1987. Briefly stated, the facts are that the Appellant had purchased an insurance cover for carrying a consignment of cotton bales from Delhi to Bangalore. At Ujjain, a fire took place as a result of which the entire consignment of cotton bales as well as the truck were completely destroyed. This incident took place on 5.2.1985. The claim in the Plaint is for a sum of Rs. 1,66,840/ -, which is the value of the truck owned by the Plaintiff which had to be written off. The insurance claims have not been paid out to the Plaintiff/Owner, leaving the Plaintiff/Appellant with no alternative but to file the subject recovery Suit. The following Issues were framed by the Court on 21.4.1989:

(2.) WHAT was the carrying capacity of the Truck, in question?

(3.) WHAT was the weight of the bales loaded in the truck at the time it caught fire and was burnt?