JAGJIT KAUR Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree passed in MS No. 1/97 dated 24. 5. 99 by the learned District Judge, Dhemaji, dismissing the suit of the appellants/plaintiffs.

(2.) I have heard Mr. A. S. Choudhury, learned senior counsel for the appellants. None appears on behalf of the respondent insurance company.

(3.) THE aforesaid Money Suit was filed pleading, inter alia, that the plaintiff is the owner of a vehicle (Truck) bearing registration No. AR-07/0113 (previous registered as AMB-4593 ). The plaintiff become owner of the vehicle by purchasing it from the original owner Shri Ram Sevak Gupta. The said vehicle met with an accident on 13. 7. 92 at Tirban Dapo, West Siang District, Arunachal Pradesh and the said fact of accident was immediately reported to the nearest Police Station. It is further pleaded that at the time of the accident, the vehicle was driving (sic.) by a competent driver having valid license and the vehicle was covered by the comprehensive insurance policy No. 13782/31/21/1916 dated 12. 9. 91 in the name of the earlier owner Sri Ram Sevak Gupta. The appellant spent a sum of Rs. 5,222. 00 in pulling up the vehicle from the capsize and also a sum of Rs. 3,000. 00 for towing the vehicle to the site of the repairing at Silapathar. To indemnify the loss and damage caused to the vehicle due to the aforesaid accident, the plaintiff approached the defendants under whom the vehicle was insured to settle the claim but without any result. Finally, on 30. 3. 95 the defendants having refused to entertain the claim of the plaintiff, the suit claiming Rs. 2,12,611. 72 in total including damage, interest and loss for business.