- (1.) LEAVE granted.
(2.) THIS appeal is directed against the judgment and order of the High Court of Karnataka dated 17. 8. 2007 passed in rfa No. 959 of 2001 which was allowed in part reducing the amount of damages of Rs. 1,26,055. 87 granted by the trial court to that of Rs. 48,556/- only with interest @ 6% from the date of suit till realization. Brief facts needed for disposal of this appeal are as under: The appellant - M/s. Malnad Traders (hereinafter referred to as "the appellant firm") is a registered partnership firm carrying on its business in Rice Mills and Oil mills at Shimoga in various buildings, godowns and open yards. On 7. 12. 1982, the entire premises of the appellant firm including buildings, machineries, equipments and stocks in trade were insured with the respondent - M/s. New india Assurance Company Ltd. (hereinafter referred to as "the respondent company") under the fire insurance policy bearing No. 1229400593. On 26. 3. 1983, there was a fire accident in the business premises of the appellant firm resulting in damage to the insured properties and as well as injuries to two of its employees. On 11. 4. 1983, a detailed report of the incident and extent of damages suffered was sent to the respondent company. After completing the formalities, the Surveyor of the respondent company inspected the premises and prepared a detailed report about the extent of damages caused to the properties of the appellant firm. Thereafter the appellant firm lodged its claim with the respondent company amounting to Rs. 3,33,056. 87 as compensation for damages caused to its properties due to the fire accident along with documentary evidence. On failure of the respondent company in settling the claim, the appellant firm served a legal notice on 5. 7. 1984 which remained uncared for by the respondent company. Thereafter the appellant firm filed the suit bearing No. 61 of 1986 claiming inter alia an amount of Rs. 3,33,055. 87 towards damages along with interest @ 19. 5% per annum before the Principal Civil Judge (Sr. Dn.) and C. J. M. at shimoga. The Principal Civil Judge, Shimoga decreed the suit for a sum of Rs. 1,26,055. 87 and awarded interest at 6% from the date of filing of the suit till realization. The respondent company being aggrieved by the same filed RFA no. 959 of 2001 before the High Court of Karnataka at bangalore which was allowed in part reducing the amount of damages of Rs. 1,26,055. 87 granted by the trial court to that of Rs. 48,556/- with interest @ 6% from the date of filing of the suit till realization. Hence this appeal.
(3.) WE have heard the learned counsel for the appellant and perused the impugned judgment and the material made available on record. Despite service of notice none appeared on behalf of the respondent company. Appearing on behalf of the appellant, Shri G. V. Chandrashekar, learned counsel submitted that the High court has committed serious error in reducing the amount of damages without assigning any reason whatsoever. It was also submitted that the High Court was under an erroneous impression as if the appellant was seeking further enhancement of the claim and in the process made an observation commenting as if the appellant manipulated and altered the documentary evidence.;