(1.) This is an appeal filed under Sec. 374 of the Code of Criminal Procedure against the conviction. The appellant is convicted under Sec. 7 and under Sec. 13(1)(d) read with Sec. 13(2) of Act 1988 and thereby the appellant is sentenced to suffer rigorous imprisonment for three years and to pay fine amount of Rs.5000.00 in respect of offence under Sec. 7 of the Act 1988 and rigorous imprisonment of three years and to pay fine amount of Rs.5000.00 in respect of offence under Sec. 13(1)(d) read with Sec. 13(2) of the Act of 1988 vide judgment and order dtd. 13/08/2012.
(2.) It is the case of the prosecution that the complainant/ P.W.1- Dr. D.D. Marakwar was the registered owner of Tata Sumo Vehicle bearing Registration No. MH-39/A-69. The said vehicle was insured with United India Insurance Company Limited, Gadchiroli Branch under Policy No. 16160/31/33/01022/99-2000, having validity w.e.f. 07/04/2009 to midnight of 06/04/2000.
(3.) It is further submitted that the said vehicle met with an accident on 06/04/2000, and it was completely damaged. Thereupon, an insurance claim was submitted to the Insurance Company and on survey, it was declared that the said vehicle is in the category of "net loss " for Rs.2,50,000.00.
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