ORIENTAL INSURANCE COMPANY Vs. RAJINDER KUMAR

JUDGEMENT

(1.) ADMITTED facts of this case are that the vehicle bearing registration No. HP -37 -A -3174 was insured by the appellant for the period 21.3.2002 to 20.3.2003. It was a brand new truck and it met with accident on 11.5.2002, i.e. within less than six months of its purchase and insurance. It was insured in the sum of Rs. 8 lacs with the appellants. This truck was financed by the Tata Finance Limited. Sum of Rs. 6,78,500 was paid on 15th October, 2003 to the financier.

(2.) IT appears that after four months of the accident the respondent approached the appellant with a prayer to pay him Rs. 6,80,000 including salvage of the accidental vehicle in question. After receipt of this, the appellant paid the amount after one year to the financier and receipt in this behalf is Annexure R -2. This voucher is not signed by the respondent, what is its effect will be dealt with hereafter.

(3.) IN this view of the matter plea urged on behalf of the appellant by its learned Counsel that with the execution of Annexure R -2, the payment of amount claim was fully discharged is not correct. Why salvage was not handed over to the respondent, in case Annexure R -1 was accepted by the Insurance Company. He had no answer, save and except that with the payment made on 15.10.2003 to the financier, the chapter stood closed. We may observe in this behalf that for getting the valid and full discharge concurrence of the respondent was necessary. The submission on behalf of the appellant in that behalf is hereby rejected.