NISHA GUPTA, J. - (1.) THIS first appeal under Section 96 CPC has been filed against the judgment and decree dated 10.4.1995 passed by Additional District Judge No.1, Ajmer in Civil Suit No. 201/1986 (130/86) whereby the suit of the plaintiff -appellant has been dismissed.
(2.) THE short facts of the case leading to filing of this appeal are that plaintiff appellant filed a suit for recovery of amount of Rs. 2,19,000/ - under a policy of insurance. The plaintiff insured Truck No. RRZ -4777 with defendant with policy No.4527301479 stipulating comprehensive coverage terms agreeing thereby to indemnify the plaintiff against the loss or damage caused to the vehicle by fire or malicious act of the people resulting from the accident. On 13.3.85 when the aforesaid truck was going from Kankroli, Rajasthan to Gauhati, it met an accident near Sahajanpur (Police Station Bhojnipur) Distt. Kanpur with a cyclist boy. On account of said accident, the people of nearby vicinity and students suddenly gathered and threatened to kill the driver and one person has set the truck maliciously on fire. On account of loss of truck, the plaintiff -appellant preferred a claim with the respondent which was rejected on the ground that it was because of riot and loss is not covered under the policy condition, hence the appellant has filed the suit before the court below. Same pleadings have been agitated before the court below and court below has dismissed the suit, hence this appeal.
(3.) THE contention of the appellant is that suit of the plaintiff deserves to be decreed as the loss of the truck was caused by fire and malicious act of the people resulting from the accident and admittedly both the conditions are covered under the insurance policy. The case of the appellant could not be brought into the exception because of the isolated act of an individual and cannot be put under the definition of riot. Heard the learned counsel for the parties and perused impugned judgment and decree as well as the original record of the case.;