NEW INDIA Vs. M K MOHAMMADKUNHI

JUDGEMENT

(1.) The Defendant in O.S. 110 of 1991, who suffered a money decree at the hands of the Sub Court, Kasaragode is the Appellant. The parties and facts are hereinafter referred to as they are available before the trial court.

(2.) It is not in dispute that the Plaintiff was the owner of a motor vehicle, which met with an accident on 11.8.989 and it was covered by an insurance policy. On information to the Defendant, they conducted a survey and thereafter repairs and maintenance were undertaken for the vehicle. According to the Plaintiff, he spent a sum of Rs. 1,33,289.77 for making the vehicle roadworthy. The claim preferred by the Plaintiff was repudiated. According to the Defendant, some of the bills submitted by the Plaintiff were found to be suspicious in nature and therefore they refused to honour the policy. Even though notice was sent to the Defendant, there was no response. Hence the suit was laid for a sum of Rs. 1,55,953.25.

(3.) In the defence set up by the Defendant Insurance Company, they say that their private investigator found some of the bills suspicious and spurious in nature and that is the reason why they did not accept the claim put forward by the Plaintiff. They gave details of the bills which are found to be suspicious and also found that the labour charges as claimed by the Plaintiff have not been paid. Pointing out that the Plaintiff is not entitled to any relief, they prayed for a dismissal of the suit.