NEW INDIA ASSURANCE COMPANY Vs. RAJENDRA RATANLAL BHUTADA

JUDGEMENT

(1.) HEARD Mr. Singh for the appellant and Mrs. Surana for the respondent. The only point to be considered is whether the appellant has proved that the certificate of insurance of the motor vehicle in question was fraudulently obtained by the respondent, after the accident took place. The trial court after careful consideration of the evidence has held that the appellants have failed to prove their case. The evidence shows that the cover note for the insurance was issued by the agent to the respondent on August 17,1985. We do not find any reason to differ from the view taken by the trial court on this issue. The trial court has rightly discarded the testimony of the witness, A.I. Sabarwal. The mere coincidence that the accident took place on the next day cannot be a ground for presuming that a fraud must have been committed by the respondent in collusion with the agent of the appellants. Reliance, however, was placed by the learned Counsel for the appellants about the absence of reference to the existence of the cover note in the vehicle when the panchanama was made. We are unable to see how from this circumstance an inference can be drawn that the cover note must not have been issued prior to that date. The cover note may have been kept in some other place. No other point is urged. In the result, the appeal is dismissed in limine.