- (1.) This is plaintiff's regular second appeal against the judgment dated 30.01.2008 passed by Additional District Judge, Faridkot.
(2.) Plaintiff had filed a suit for recovery of Rs.6,80,000/- along with interest at the rate of 18 percent per annum, so also damages to the tune of Rs.62,400/-. However, said suit was partly decreed by the Civil Judge (Junior Division) on 17.5.2000 along with interest at the rate of 12 per cent per annum with effect from 10.12.1997 till realization of the decretal amount against the United Insurance Company. Defendants had preferred an appeal which was partly accepted by the first appellate court vide judgment dated 30.01.2008 reducing the recovery of amount to Rs.4,73,500/- with no alteration in the rate of interest. Consequently, plaintiff has come up in second appeal.
(3.) Factual matrix of the case is that the plaintiff had purchased a truck bearing No.HR46-1595 on 13.5.1994 which was insured by the defendants Jind Branch for a sum of Rs.6,50,000/-. Thereafter, during the year of accident, the vehicle was insured for a sum of Rs.8,00,000/- by the defendants in Sultanpur Lodhi branch.;