ORIENTAL INSURANCE CO. LTD. Vs. BALDEV RAJ CHIB

JUDGEMENT

(1.) THIS Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 3.8.2004 decreeing the suit of the respondent/plaintiff for recovery of Rs.5,26,601/ - alongwith interest. The suit has been decreed with respect to the insurance claim made by the respondent/plaintiff under an insurance policy issued by the appellant/defendant for a car which was owned by the respondent/plaintiff. The facts of the case are that the respondent/plaintiff purchased a vehicle being Mahindra Bolero on 9.8.2001 bearing registration no. DL -3CS -8205 and insured the vehicle with the appellant/defendant vide policy no. Yr/No. 2002/2280 and cover note 162161 dated 17.8.2001. The period of insurance was from 17.8.2001 to 16.8.2002 for a sum of Rs.5,26,601/ -. The vehicle was stolen in the evening of 8.4.2002 and which fact was found out in the morning of 9.4.2002. The respondent/plaintiff lodged an FIR bearing no. 215/2002 on 9.4.2002 with the police station, Hauz Khas. Since the vehicle remained untraced, the respondent/plaintiff lodged a claim with the appellant/insurance company for the recovery of the amount of Rs. 5,26,601/ - being the amount which was stated in the policy.

(2.) THE respondent/plaintiff, in the plaint, also pleaded a case that though he had sent his letter dated 31.7.2002 agreeing to receive an amount of Rs.4,65,000/ - in full and final settlement/satisfaction, however, that concession was valid provided the amount would be released immediately, but since the amount was not released immediately, the concession in the letter dated 31.7.2002 stood withdrawn. It was further pleaded that the appellant/defendant wrote its letter dated 26.7.2002 for furnishing of documents and the respondent/plaintiff is said to have complied with the request. Since the appellant/defendant failed to pay the amount of insurance, the respondent/plaintiff filed the subject suit after serving a demand notice dated 8.10.2002.

(3.) AFTER the pleadings were complete, the trial Court framed the following issues: -