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BOMBAY HIGH COURT - BENCH AT GOA
U. V. BAKRE, J
M/s. United India Insurance Company Ltd. – Appellant
Versus
Shri Kishore L. Tolani – Respondent
| Table of Content |
|---|
| 1. establishing the factual background of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defendant's position on liability and indemnity. (Para 6 , 7) |
| 3. (Para 8 , 24 , 25 , 26 , 27 , 28) |
| 4. trial court's assessment of evidence. (Para 9) |
| 5. arguments presented by the counsel. (Para 10 , 11) |
| 6. court's considerations of the evidence concerning wreck removal. (Para 12 , 13 , 14 , 15) |
| 7. a review of legal implications and agreements. (Para 16 , 17) |
| 8. analysis of indemnity and the insurance policy. (Para 18 , 19 , 20) |
| 9. court's determination of the necessity of wreck removal. (Para 21 , 22 , 23) |
JUDGMENT :
The above appeal and cross-objection, both, are directed against the Judgment, Order and Decree dated 30/07/2005 passed by the learned Civil Judge, Senior Division, Vasco-da-Gama (trial Court) in Special Civil Suit no. 45/94/A.
2. Parties shall hereinafter be referred to in the manner in which their names appear in the cause title of the said Special Civil Suit of 45/94/A.
3. The plaintiff had filed the said suit for declaration that the defendant no. 1 is liable to indemnify the plaintiff and consequently to pay `13,00,000/- towards the bill no. 7/B/MS/89 dated 26/12/1989 and further
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