THE NEW INDIA ASSURANCE COMPANY LTD vs M/S KAPOOR DIESELS GARAGE PVT LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 19th January, 2026 Pronounced on: 30th March, 2026 + RFA 131/2023, CM APPL. 8138/2023 & CM APPL. 8140- 8141/2023 THE NEW INDIA ASSURANCE COMPANY LTD Core-2, 10th Floor, Scope Minar, Laxmi Nagar, District Centre Delhi, .....Appellant Through: Mr. J.P.N. Shahi and Mr. Divyanshu Kumar, Advocates versus M/S KAPOOR DIESELS GARAGE PVT LTD R/O:- Village Nangli Poona, G.T. Karnal Road, Nangli Poona, Delhi:-36 .....Respondent Through: Mr. Daljeet Singh, Advocate CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) has been filed against the judgment and decree dated 02.07.2022 whereby the Ld. District Judge has decreed the Suit of the Respondent/Plaintiff for Rs.13,77,500/- along with interest @ 12% p.a. The Respondent/Plaintiff had filed CS No. 972/2017 for recovery of Rs.13,77,500/- along with interest. RFA 131/2023 Page 1 of 11 Signature Not Verified Signed By:VIKAS ARORA Signing Date:30.03.2026 19:27:30 2. The brief facts as narrated in the plaint, are that the Plaintiff was in business of transport, for the last many years. It was the owner of Tata LPT Truck bearing No. HR-38S-9314, for which it took the Insurance Policy effective from 16.09.2013 to 15.09.2014, from the Defendant/Appellant Insurance Company. However, unfortunately, the truck met with an accident on 11.07.2014 in which not only was the vehicle completely damaged, but its driver Salmu also died. FIR No. 0104/2014 was registered at P.S. Turuvanur (Jogi), Karnataka. The intimation about the accident, was duly conveyed to the Head Office of the Defendant/Appellant. 3. The investigators of the Insurance Company