SUNIL KUMAR Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) THE appellant has assailed the judgment and decree passed by the learned Single Judge in Civil Suit No. 65 of 1996 decided on May 23, 2001, whereby the suit was dismissed. Case of the Plaintiff.

(2.) THE brief facts giving rise to the instant appeal are that the appellant hereinafter called the plaintiff was a sole proprietor of rice mill running under the head and style of "M/s. Vikarant Enterprises", at village Deoli in Tehsil Nalagarh, District Solan, which was financed by Punjab National Bank (proforma defendant). As per the terms and conditions of the financial assistance, the plaintiff and the Bank (proforma defendant) aforesaid got the building, plant, machinery and stock insured with the defendants United India Insurance Company Limited, Ropar branch (respondents No. 1 and 2), hereinafter called the defendants, covering the risk of earthquake, fire and floods, for which two separate insurance policies were taken, one in respect of the building, plant and machinery and another in respect of stocks of paddy, rice, rice bran, rice husk and bardana etc., lying in the factory premises. The total risk covered was for Rs. 19,00,000/ . The period of validity of such insurance policies was w.e.f. 24th September, 1992 t6 23rd September, 1993.

(3.) THEREAFTER the, plaintiff filed the present suit, claiming an amount of Rs. 20,00,000/ with interest for the loss alleged to have been suffered by him in the said fire.