NEW INDIA ASSURANCE CO LTD Vs. RAJENDRA PRASAD SONI

JUDGEMENT

(1.) THIS is defendant's appeal filed under Section 96 of the Civil procedure Code against the judgment and decree passed on 7-1-1995 by the fourth Additional District Judge, Sagar in Civil Suit No. l2-A/90.

(2.) THE plaintiffs/respondent's case was that he insured his truck bearing registration No. C. P. Q. 7299 with the defendant/appellant. During the currency of the insurance policy, on 29-5-84 the said truck met with an accident and was completely destroyed. As per the plaintiff the truck was insured for Rs. 2,30,000/- but the defendant assessed the compensation of only Rs. 1,70,000/ -. Dis-satisfied with the amount assessed and paid the plaintiff filed a suit claiming further amount of Rs. 60,000/-, interest thereon and also transportation expenses of salvage. The plaintiffs case was that he offered for settlement of claim for Rs. 1,70,000/- and accepted the amount of Rs. 1,37,000/- + Rs. 33,000/-salvage, as he was under mental pressure and therefore even though he accepted the compensation amount he is not precluded from claiming further amount.

(3.) THE defendant/appellant filed its written statement inter alia contending that the plaintiff himself offered to accept Rs. 1,70,000/- against the full and final satisfaction of his claim. In view of his offer dated 6-9-84 and also duly executed discharge voucher dated 25-7-85 the plaintiff is estopped from filing the suit claiming more amount. It was also stated that the compensation was paid as assessed by the surveyor considering the market value of the truck, which was being plied by the plaintiff for a long distance. The surveyor had also took into consideration its depreciated value. The plaintiff having voluntarily offered and accepted the amount cannot make any grudge of it on the ground that at the time of making offer and accepting the amount he was under mental pressure.