ABANI MOHAN SINHA, J. :- This appeal by plaintiff-appellant is directed against the judgment and decree of dismissal passed by the learned Judge 4th Bench, City Civil Court, Calcutta in Money Suit No. 65 of 1974. The plaintiff brought this suit for recovery of insurance claim and for other reliefs. He was the owner of Motor Car Standard omnibus ADX 1353. The vehicle was insured with Common wealth Assurance Company Ltd. on November 19, 1968. The said company merged with New India In­surance Company Ltd. after the nationalisa­tion of the insurance with effect from 1-1­-1973. The plaintiff obtained a comprehensive risk policy on payment of Rs. 812/- as premium for a sum of Rs. 20,000/- on 19-1-­69. The vehicle was involved in an accident near Cuttack resulting in an extensive damage to it tantamounting the total loss. The fact was brought to the notice of the police and insurance company. The insurance company instructed the plaintiff to bring the damaged vehicle to Calcutta for getting it repaired thoroughly after an estimate. A claim form duly filled in by the plaintiff was made over to the insurance company in due course. The damaged vehicle was brought by the plaintiff to