The appellants case was that the first defendant had deliberately and intentionally set fire to the truck and, therefore, the Insurance Company is number liable to pay the insurance amount On a companysideration of the evidence placed before it, the Trial Court held that fourth defendant appellant herein has failed to establish that the truck was set fire deliberately by the first defendant.
Thereupon the Insurance Company appellant herein filed an appeal which was allowed by the First Appellate Court which found that the truck was set fire deliberately by the first defendant.
In view of the Insurance Policy issued by the fourth defendant, the suit was decreed in favour of the Bank making the Insurance Company also liable.
Pending the suit the truck got burnt whereupon the plaintiff impleaded the appellant herein, National Insurance Company Limited, as the fourth defendant.
On the first defendant failing to repay the loan as stipulated, the plaintiff Bank instituted a suit for recovering the amount against defendants 1 to 3.
This appeal is directed against the Judgment of a learned Single Judge of the Punjab and Haryana High Court allowing the Second Appeal preferred by the first respondent.
The plaintiff respondent, State Bank of India had financed the purchase of a truck by the first defendant.
The plaintiff company then preferred a Second Appeal in the High Court against all the four defendants.
Defendant 2 and 3 were guarantOrs.
Leave granted.
Heard the companynsel for the parties.
