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1987 Supreme(Kar) 268

K.B.NAVADGI, M.P.CHANDRAKANTARAJ
SECY. , T. A. P. CO-OP. MKTG. SOCY. LTD. – Appellant
Versus
CUSTODIAN, N. I. A. CO. LTD. – Respondent


NAVADGI, J.

( 1 ) THIS is plaintiff's appeal against the Judgement and Decree dt. 23-11-1977 made by the I Additional Civil Judge, Kolar, in O. S. No. 10/1974 on his file.

( 2 ) THE appellant and respondents in this appeal would be hereinafter referred, with reference to the rank and position given to them in the array in the Original Suit.

( 3 ) THE plaintiff-Society instituted the suit, out of which this appeal has arisen, for recovery of a sum of Rs. 31,602/- including the notice charges of Rs. 100/- and interest of Rs. 7,544-44 paise on Rs. 23,957. 56 paise with costs, current interest and such other reliefs as the Court may deem it fit to grant to the plaintiff in the circumstances.

( 4 ) THE averments in the plaint are these : the plaintiff-Society insured the electrical goods in the premises of its Electrical Section with defendant-1 against accidents of fire and consequent losses under Policy No. 128320600. Defendant-1 accepted the policy and assured the plaintiff against any losses due to accidents by fire. On 17-6-1972, the electrical goods stored in the Electrical Section of the plaintiff were damaged due to accidental fire, resulting in a total loss of Rs. 23,957-56 pai





















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