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1983 Supreme(SC) 195

D.A.DESAI, O.CHHINNAPPA REDDY
N. R. Srinivasa Iyer – Appellant
Versus
New India Assurance Company LTD. – Respondent


Advocates:
BISHAN NARAIN, H.S.Dhir, HARBANS SINGH

Judgment

DESAI, J.:- Plaintiff whose car was destroyed in fire way back in July, 1953 and claimed a paltry sum of Rs. 7,000/- from the respondent (Insurance Company for short) is knocking at the doors of Courts of Justice since last three decades and mirage of justice is still eluding him, and in his chase presumably he must have spent double the amount-than prayed for in the plaint because this is the second round when the matter has reached the apex Court.

2. Plaintiff, who is the appellant was the owner of Austin 16 H. P. Motor Car, which he had insured with the original first defendant Vanguard Fire and General Insurance Company Ltd. (Insurer for short) in respect of accident, loss or damage. The period covered by the policy of insurance Ext. P-1 dated March 4, 1952 was from March 1, 1952 to February 28, 1953. This car suffered damage in an accident which occurred on December 21, 1952. The car was taken to car repairing workshop of P. S. N. Motors Ltd., Trichur and left there and an intimation of the accident was sent to the Insurer requesting it to discharge its obligation under the policy of insurance. The repairer to whom the car was handed over prepared an estimate of the rep











































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