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1993 Supreme(Bom) 192

B.S.YADAV, V.BALAKRISHNA ERADI, A.S.VIJAYAKAR
National Insurance Co. Ltd. . – Appellant
Versus
Deepak Associates – Respondent


JUDGMENT - Mrs. A.S. VIJAYAKAR, Member :---This is an appeal against the order of the State Commission, Tamil Nadu at Madras, in the Complaint No. 152 of 1992 by which the insurance company, i.e., the appellant herein, was directed to pay the respondent Rs. 5,50,000/- with interest thereon at the rate of 9 per cent from 4-1-1990 till payment Rs. 1,000/- towards costs was also awarded.

2. The facts of the case as found by the State Commission are that the respondent is the owner of a Mercedez Benz car bearing registration No. TSB 4514. He has taken a policy of comprehensive insurance for the aforesaid car under policy No. 500200/51012606 with the opposite party, insurance company, for a sum of Rs. 5,50,000/- though the market value was about Rs. 10,00,000/-. While the policy was in force the car met with an accident on 3-10-1989 near Guntarur in which the driver met with instantaneous death and the complainant and his employee, Raghuraman, who were travelling in the car, were injured. The matter was reported to the opposite party, appellant herein and relevant papers were submitted on 4-10-1989. One Bhairavamurthy was appointed surveyor by the opposite party, insurance company, who














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