VISHAN NARAIN Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) . Admit.

(2.) . Since the point involved is very short, therefore, with the consent of counsel for the parties the appeal is taken up for disposal.

(3.) . Appellant (plaintiff before the trial Court) was owner of a vehicle Maruti Van which he got insured with respondent No.1 vide Policy No.31/00956/97 effective from 16/08/1996 to 15th August,1997. Duringng the currency of the policy the said vehicle was stolen on 24/12/1996. An FIR was got registered with Police Station Sabzi Mandi, Delhi. On 26/12/1996 the appellant 1odged a claim with respondent No.l. when in spite of repeated requests the respondent failed to make the payment of the claim the appellant sent a legal notice. On 25/06/1997 appellant received a letter from respondent indicating that respondent was prepared to pay Rs.70,000.00 because that was the market value of the vehicle assessed by the respondent. Being dis-satisfied with this offer the appellant herein filed a suit for recovery of an amount of Rs.1,42,000.00 i.e. the sum insured plus interest and damages. This suit was contested by respondent No.l and on the basis of respondent's admission, the appellant sought order of the court for payment of the admitted amount which he was prepared to accept without prejudice to his right in the suit. On 26/03/1998 the learned Trial Court passed a partial decree of Rs.70,000.00 in favour of appellant pursuant to which respondent No.l made payment of Rs.70,000/- on 13/07/1998.