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1964 Supreme(Pat) 9

RAMRATNA SINGH
New India Assurance Company Limited – Appellant
Versus
Kamta Singh – Respondent


Judgment

Ramratna Singh, J.

1. This application is directed against an order of the Small Cause Court Judge of Arrah, rejecting certain objections of the defendants who are petitioners in the case. Petitioner No. 1 is an Insurance Company whose head office is in Bombay and branches in Calcutta and Patna. Petitioners Nos. 2 and 3 are those branches. The opposite party insured his car with the said Insurance Company against loss, damage or accident for the period from the 29th June, 1962 to 28th June 1963. The ear met an accident at Arrah on the 6th November, 1962, and was damaged. It was sent tor repairs to Messrs Lawly Sen and Co., who estimated the cost of repairs at Rs. 325/-. Messrs Lawly Sen and Co., repaired the car and gave the plaintiff a bill for Rs. 296.63 nP. after giving a discount of 10 per cent., to which the Insurance Companies are generally entitled, and the opposite party paid the said amount to the repairing Company under a Cash Memo dated the 15th November 1962. There was some difference between the opposite party and the Insurance Company regarding the amount of the cost of repair. The opposite party, therefore, instituted a Small Cause Court suit at Arrah for rec












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