HUSSAIN KHAN Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The appellant is hereby assailing the correctness, propriety and legality of the decree which has been passed by the Vllth Addl. District Judge, Indore in the matter of Civil Suit No. 16-B of 1988 by which the suit filed by the appellant (original plaintiff) has been dismissed.

(2.) The appellant claimed compensation to the tune of Rs. 28,000 plus interest Rs. 4,515 plus notice expenses Rs. 500 totalling Rs. 33,015 with interest at the rate of 18 per cent per annum. The truck bearing No. CPF 7449 is the cause. The appellant had approached one Malviya, the agent of the insurance company for insuring the said truck on 22.11.1983. After contacting Malviya, the appellant asked his brother Vali Suleman to get the proposal formulated from Malviya and to make necessary compliance in this context and to get the said truck insured. Malviya filled in the form necessary in this context and thereafter told Vali Suleman to send the form by post and to approach his Ujjain office for getting the said truck insured. After telling this, the appellant as per his averment went to his duty by driving the said truck and the said truck was involved in an accident on A.B. Road, near Dewas during the night of 25 and 26.11.1983. The damage to truck was valued to the tune of Rs. 28,000. A notice was issued to the insurance company for demanding the compensation in respect of the said accidental damage. Insurance company refused to pay and, therefore, appellant filed the suit which stood dismissed.

(3.) The insurance company contended that the policy in question was obtained by fraud and, therefore, insurance company is not liable to pay any amount to the appellant.