ORIENTAL INSURANCE CO. LTD. Vs. RAM ASREY PANDEY

JUDGEMENT

(1.) THIS Regular First Appeal arises out of a suit for recovery of money representing the loss which the plaintiff is alleged to have suffered on account of a motor vehicle accident in which the truck insured by the company was completely destroyed. The trial court of Additional District Judge, Delhi has decreed the suit for a sum of Rs. 4,96,000/ - representing the estimated value of the vehicle, as indicated in the policy of insurance and interest due on the same. Interest @ 12% per annum on the suit amount, pendente lite and till realization, has also been awarded. The plaintiff -respondent was at the relevant time carrying on business in the transport of goods in the name and style of Hari Roadways. A truck bearing No. DL -1G -0670 duly insured by him with the appellant company for an estimated value of Rs. 4 lakhs was one of the vehicles being used by the respondent for his business.

(2.) ON 26th October, 1992, the truck aforementioned was on its way to Delhi with a consignment of goods booked from Kolkata. When it reached near Bulandshahar, it met with an accident with another vehicle coming from opposite direction. As a result of the collision, the plaintiff's vehicle caught fire and was completely destroyed in the same. The driver of the truck also could not escape the blaze and was burnt alive. A police case under sections 279, 337, 338, 304 -A and 427 IPC was registered against the driver of the offending vehicle who was taken into custody.

(3.) THE defendant company contested the suit and filed a written statement in which it was, inter alia, alleged that the driving licence held by the driver of the truck was not valid on the date of the accident and the suit was bad for non -joinder of the Corporation Bank with whom the vehicle was financed. On the pleadings of the parties, the trial court framed the following three issues for determination: -