( 1. ) THIS is an appeal against the judgment and decree of the district Judge, Shivpuri, dated 23-7-1970, in Civil Appeal No. 72-A of 1966, against the judgment and decree passed by the Additional Judge to the Court of Civil Judge Class II, Shivpuri, on I9-9-I966, in Civil Suit No. 2-B/65 original Civil.

( 2. ) THE facts giving rise to this appeal are that the plaintiff Chameli devi is the owner of the truck No. 4915 MPG and the said truck is. insured with the respondent Company. On 5th August, 1961, while truck No. MPG 4915 was going from Jadhav Sagar towards Bhadaiya Kundi, Shivpuri, another truck No. MPG 3036, coming from Karbala collided with it and as a result of it, truck No. MPG 4915 was damaged. At the time of the accident, the truck was being driven by Hanumant Singh, its driver. A report was lodged with the Police, in which the said Hanumant Singh admitted that he was driving the truck at the relevant time. One Mr. P. N. Bhargava, the Claim Inspector of the defendant-respondent Company made enquiries. At the instance of Mr. Bhargava, the damaged truck was taken over to kanpur. There, the defendant got replacement of parts of the truck at the expenses of the pla