Judgment

( 1 ) HEARD the counsel for the parties. Leave granted.

( 2 ) THIS appeal is directed against the judgment of a learned Single Judge of the Punjab and Haryana High court allowing the second appeal preferred by the first respondent. The plaintiff-respondent. State Bank of India had financed the purchase of a truck by the first defendant. Defendants 2 and 3 were guarantors. On the first defendant failing to repay the loan as stipulated, the plaintiff-Bank instituted a suit for recovering the amount against defendants 1 to 3. Pending the suit the truck got burnt whereupon the plaintiff impleaded the appellant herein, National Insurance Company Limited, as the fourth defendant. The appellants case was that the first defendant had deliberately and intentionally set fire to the truck and, therefore, the Insurance Company is not liable to pay the insurance amount. On a consideration of the evidence placed before it, the trial court held that fourth defendant (appellant herein) has failed to establish that the truck was set on fire deliberately by the first defendant. In view of the Insurance Policy issued by the fourth defendant, the suit was decreed in favour of the Bank making t