NATIONAL INSURANCE CO LTD Vs. RAKESH KUMAR

JUDGEMENT

(1.) THE respondent was the owner of Tata Indica car bearing registration No. PB02 -Y -8444. It was insured with the appellants for the period from 28.5.2002 to 27.5.2003.

(2.) IT was further pleaded that on 29.7.2002, the respondent and his brother -in -law Rajesh Kumar were going for some personal work and the car was being driven by Rajesh Kumar. At about 10.00 p.m., the car met with an accident in which the respondent and his relative Rajesh Kumar suffered the injuries. The matter was reported to the police for which FIR No. 20 dated 29.7.2002 was registered in Police Post Majitha Road, Bye -pass, Police Station Sadar, Amritsar.

(3.) IT was further pleaded that after the respondent was discharged from the hospital, intimation about of this theft was given to the appellants on 9.8.2002. The appellants had appointed M/s. V.K. Mehta as Surveyor. The car was shifted in the workshop. It was inspected by the Surveyor there also. Since the car had suffered the extensive damage, it was got repaired by spending an amount of Rs. 2,28,000. The insurance claim was lodged with the appellants. The Surveyor of the appellants had assessed the loss to the tune of Rs. 1,60,247 in full and final settlement but the respondent refused to accept the offer.