ORIENTAL INSURANCE COMPANY LTD Vs. NAVEEN GOYAL

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant/ insurance company impugning the Judgment of the trial court dated 06.09.2006 by which the trial court has decreed the suit filed by the respondent/plaintiff/insured, and passed a money decree for a sum of Rs. 8,79,184/- alongwith interest. The money decree was claimed by the respondent/plaintiff on account of the insured goods having been lost on account of theft/burglary.

(2.) The respondent/plaintiff filed the subject suit for recovery of Rs. 8,79,184/-. Out of this amount of Rs. 8,79,184/-, the principal amount was of Rs. 7,17,375/- comprising of the value of stock of Rs. 6,20,245/- and cash stolen of Rs. 97,130/-. To this amount, interest of Rs. 1,61,409/- was added and which resulted in the suit amount of Rs. 8,79,184/-.

(3.) At the outset, I would like to note that the appellant/defendant was proceeded ex parte in the trial court. As the appellant/defendant was proceeded ex parte, the appellant/defendant has not cross-examined the two witnesses of the respondent/plaintiff and no evidence was led in the trial court by the appellant/defendant.