NEW INDIA ASSURANCE COMPANY LIMITED Vs. GURINDERJIT KAUR

JUDGEMENT

(1.) FACTS giving rise to this appeal before us are peculiar being of their own type Maruti car of 1989 Model of the respondent bearing No. PWB -8880 being insured with the appellants and having been stolen on the intervening night of 5/6.6.2003 when it was covered under a valid insurance policy is not in dispute. It is further admitted case of the parties that it was insured in the sum of Rs. 60,000 on Insured s Estimated Value (IEV). FIR No. 17 was registered at Police Station, Nangal regarding this left.

(2.) PARTIES are further in agreement that the vehicle was traced by the police on 10.6.2003. At this juncture it was found that most of its parts were either missing or damaged. Respondent got the cost of repair etc. assessed from Maruti Company s Authorised Service and Spares Dealers, at Industrial Town Mehatpur (Una). As per its estimate Annexures C -3 to C -5 cost of spares, repair of vehicle and for labour charges worked out to about Rs. 38,500. Whereas Surveyor appointed by the appellants assessed the damage in the sum of Rs. 10,164 for repair of the vehicle.

(3.) WITHOUT getting the vehicle repaired on the basis of estimate as contained in Annexures C -3 to C -5, and/or on the basis of assessment made by the Surveyor appointed by the appellants respondent admittedly sold the vehicle for Rs. 15,000 to one Mr. Tara Singh s/o Mr. Jaswant Singh.