G.R.MOOLCHANDANI,J. - (1.) Assailing the judgment dated 29.05.2003 passed by learned Additional District Judge, No.5, Kota in Civil Suit No.14/2000, this appeal has been preferred.
(2.) Factual matrix of the case in brief is that plaintiff Suresh Kumar Jain filed a suit seeking compensation for Rs.62,000/- with respect to damage allegedly caused to his vehicle, insured with defendant, New India Assurance Company, collided with a stationary truck on 26.03.1997 at Beawar Road, Chungi Naka, Sojat, causing damage to his Bus No.RJ 14P 5619, whose claim was repudiated by defendant, insurance company vide its letter dated 15.09.1997. Defendant, New India Assurance Company contested the suit and denied liability rebutting that at the time of alleged accident, driver of the bus was not having a valid driving license, which was a condition precedent for compensation. So, defendant assurance company was not liable to pay compensation for loss of property, which was assessed to be of Rs.56,166/-.
(3.) The trial court framed following issues:- ...[VERNACULAR TEXT OMITTED]... The suit culminated in a decree for Rs.56,166/- towards damages, in favour of the plaintiff against defendants insurance company with an interest @ 9% per annum from April, 1997.;