NEW INDIA ASSURANCE CO LTD Vs. KESAVAM RAMAMURTHY

JUDGEMENT

(1.) THIS is an appeal by the original defendant who was aggrieved by the judgment and decree passed in favour of the respondent-plaintiff in O. S. No. 7 of 1983 by the Subordinate Judge, Srikakulam.

(2.) IT appears from the record that the plaintiff had filed a suit for recovery of damages caused to his Matador van claiming a compensation of Rs. 75,000/- from the defendant. It was the case of the plaintiff that he was the owner of the Matador van APS 4270 having purchased the same for Rs. 75,000/- by taking loan from the State Bank of India.

(3.) IT was the further case of the plaintiff that the said vehicle was insured with the defendant company under the comprehensive policy No. 424730044 for a period of one year, i. e. , from 4. 11. 1979 to 3. 11. 1980. The plaintiff obtained a contract carriage (taxi cab) permit No. PC 23-8-79 from the Regional Transport Authority, Srikakulam, for the period from 2. 12. 1979 to 19. 12. 1982. The plaintiff claims to be an ex-serviceman.