Paresh Transport Co. – Appellant
Versus
National Insurance Co. Ltd. – Respondent
R.C. Mankad, President - The complainant is a partnership firm and it owned a motor truck bearing registration number GJ -6T-6012 which was insured for Rs. 5 lakhs with the opponent National Insurance Company Ltd. The insurance policy was in operation for the period from March 5, 1993 to March 4, 1994. The truck which was used as public carrier met with an accident at about 10 p.m. on April 9, 1993 on highway between Amreli and Bajwa. It is alleged that a luxury bus driven at an excessive speed came from opposite direction, that the driver of the truck was dazzled by the light of the luxury bus and that he lost control over the truck. The truck went off the road and fell into a ditch. The truck was extensively carriaged. The complainant informed the opponent about the accident on April 10, 1993 and spot survey was done by M.D. Meghnani surveyor appointed by the opponent. The complainant submitted claim for the loss suffered by it on May 7, 1993. The opponent appointed Udayana Vora to survey and assess the damage to the truck. According to the complainant, all the necessary information and documents were supplied to the surveyor. It had also fully c0operated with the surveyor f
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