General Insurance Co. V. Somasunderam, C.

1954 Present: Pulle J. and Swan J.

GENERAL INSURANCE CO., Appellant, and C. SOMASUNDERAM,
 Respondent

S. C. 390-D. C. Colombo, 3,992
 

Motor Car-Accident-Vehicle damaged beyond repair-Basis of valuation.

Where a motor car is damaged beyond repair as the result of an accident, the value of the car at the time of loss is to be calculated, apart from special factors, upon a basis of depreciation depending on the theoretical life of the car.

APPEAL from a judgment of the District Court, Colombo.

S. J. Kadirgamar, for the defendant appellant.

P. Somatilakam, for the plaintiff respondent.

Cur. adv. vult.

 February 25, 1954. SWAN J.-

The appellant was sued by the respondent on two causes of action for the recovery of (1) Rs. 6,000 alleged to be the value of motor car CL 2435 which was damaged beyond repair as the result of an accident that occurred on 6.2.1950, and (2) Rs. 1,275 for bodily injuries sustained. There was no dispute regarding the latter claim. The case went to trial on only one issue, namely -" What was the value of the car on 6th. February, 1950 ? ". The learned District Judge held that the car was reas

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