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2003 Supreme(Ker) 716

K.S.RADHAKRISHNAN, PIUS C.KURIAKOSE
Raghunathan K. – Appellant
Versus
The National Insurance Co Ltd – Respondent


JUDGMENT

K.S. Radhakrishnan, J.

1. Plaintiff is the appellant. Suit was instituted for recovery of an amount of Rs.87,04,872/- with 24% interest from the defendants towards insurance claim.We may extract the reliefs sought for by the plaintiff below :

1. To allow the plaintiff to recover a sum of Rs. 62,04872/- with 24% future interest as per Memo of Accounts (A) shown below from the defendantsand their assets through court.

2. To allow the plaintiff to recover a sum of Rs. 25 lakhs as compensation for the reasons stated in para 38 & 39 of the plaint and shown in the Memo of Accounts (B) from the defendants and their assets through court.

3. To allow the plaintiff to recover the cost of the suit from the defendants.

4. To allow such other reliefs to the plaintiff as this Hon'ble Court deems fit andproper in the nature and circumstances of this case.

Trial Court found that the claim was not bona fide and dismissed the suit. Aggrieved by the same this appeal has been preferred.

2. Plaintiff is the sole proprietor Lakshmi Vihar Finance & Investment, Kollam.He is conducting business as a pawn broker under licence No. 847. He is alsoengaged in other business (money lending business, cashewnut b























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