Gurusharan Sharma, J. - (1.) Bus No. W.G.W. 369 was owned by Uday Kumar Agarwal. It was insured for the period 16/12/1988 to 15/12/1989, under comprehensive policy of insurance with New India Assurance Company Limited.
(2.) On 15/8/1989. the said vehicle met with an accident and it was badly damaged therein. The Insurance Company deputed surveyor to assess damages and loss to the said vehicle, caused in the said accident. On instruction of said surveyor, vehicle was repaired and all the bills of expenses, incurred on repairs with cash memoes were submitted. Owner of the vehicle claimed that a sum of Rs. 1.25.000/- was spent over repairs.
(3.) It is said that surveyor of the Insurance Company settled the claim at Rs. 38.500/- towards labour charges plus cost of different parts as per settlement note dated 24.1.1989. Accordingly, the Insurance Company offered a sum of Rs. 39.922/- to the owner.;