NATIONAL INSURANCE CO LTD Vs. GURBOX SINGH

JUDGEMENT

(1.) Heard Mr. S.S. Sarma, learned counsel for the appellants and Mr. B.M. Sarma, learned counsel for the respondents.

(2.) This appeal is directed against the judgment and decree dated 8-12-1999 passed by Shri A.C. Bhuyan, Civil Judge (Senior Division), Jorhat in Money Suit No. 14/95.

(3.) The facts in brief are that the respondent plaintiff Sri Gurbox Singh instituted Money Suit No. 14/95 stating, inter alia, that he is owner of a vehicle No. NLZ-1563 and the same was insured with the appellant defendant National Insurance Co. Ltd. During the subsistence of the Insurance policy, i.e., on 29-6-1989 the vehicle was completely damaged by a mob at Sonaibali and Samaguri PS. Case No. 130/89 under sections 147/148/149/ 353/337/338/333 IPC was registered in that connection. For the loss of the vehicle the plaintiff instituted M.A.C. No. 14/90 before the Member, Motor Accident Claims Tribunal, Nagaon and vide order dated 16-12-1994 the learned Tribunal non-suited the plaintiff with the observation that the Tribunal has got no jurisdiction to pass award in the matter and the owner of the vehicle may approach the Civil Court of competent jurisdiction. Thereafter the said Money Suit was filed which was contested by the appellant insurance company. Vide the impugned order the learned Civil Court decreed the suit for a sum of Rs. 2,60,000 along with interest, etc. Hence the present appeal.