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1991 Supreme(Mad) 628

SRINIVASAN
Kalaiyarasee – Appellant
Versus
The United India Insurance Company Limited, Regional Office, Madras – Respondent


Advocates Appeared:
For the Appellant:E. Padmanabhan, N. Damodaran, Advocates.
For the Respondent:M.B. Gopalan, Advocate.

Judgment :-

The appellant has been doing business under the trade name and style ‘Satish Weaving Factor/at Manalmedu village, Karur Taluk She had insured with the second respondent “under a fire insurance policy for the period 27-1-1989 to 26-1-1990 for a total sum of Rs. 95,000/. On 31-7-1989, there was a fire accident in the appellants factory. The machinery and accessories were all burnt. The appellant informed the third respondent immediately and a survey was made by the respondents through their surveyor on 3 1-7-1989 and 2-8-1989. The appellant was required to furnish the details of the machinery and their value to the surveyor. The appellant had also sent a consent letter on 16-10-1989 as instructed by the respondents agreeing to receive a sum of Rs. 87,500/- without prejudice. As the claim was not settled, the appelant issued a notice on 27-11-1989 which was received by the third respondent on 30-11-1989. The appellant did not receive any reply. She filed a suit on 11-1-1990 in the Court of the Subordinate Judge, Karur for recovery of Rs. 95,100/- as compensation with interest thereon. She prayed for permission to file the suit as an indigent person. The proceeding was taken










































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