ORIENTAL INSURANCE CO LTD Vs. SUBODH CHAND GUPTA

JUDGEMENT

(1.) The present appeal arises out of judgment dated 19th September, 2016 by which the suit of the Respondent/Plaintiff (hereinafter, 'Plaintiff') was decreed for a sum of Rs.7 Lakhs along with the interest @ 9% per annum from the date of accident i.e. on 4th March 2011 till realisation.

(2.) Plaintiff is in the business of running LPG carriers. An insurance policy was obtained by the Plaintiff for the LPG fuel container vehicle bearing No.HR-38-P-0231 from the Appellant/Defendant (hereinafter, 'Insurance Company'). Insurance policy bearing no.271500/48/2011/306 was issued which was valid from 22nd April 2010 to 21st April 2011. The charges for the said insurance contract of Rs.3042/- was paid and as per the contract the fuel inside the closed body of the carrier was insured.

(3.) It is claimed that on 4th March 2011, the LPG carrier which was refilled with LPG from Bharat Petroleum Corporation Limited, (hereinafter, "BPCL"), Lucknow met with an accident. FIR No.58/2011 under Sections 279/427 of the Indian Penal Code, 1860 was registered at PS Tundla, District, Firozabad. According to the Plaintiff, it suffered a loss to the tune of Rs.8.45 Lakhs which was claimed/adjusted by BPCL towards the loss of fuel.