Law:

Section:

This civil revision has been filed challenging the concurrent findings of the two Courts below. The facts briefly are that the respondent had got his motor-car bearing registration No.BN-135, a Toyota Corona of 1969 Model, insured comprehensively with the Applicants Insurance Co. on 27-5-1976 under the Policy No.62400005 for a sum of Rs.40,000 only.

The cover note No.003 was issued by the Insurance Co. on 27-5-1976, the signed copy of the cover note has been filed with this revision application as Annexure 'C' at page 63. According to the respondent/Insured the premium was also paid on the said date 27 - 5-1976 and the receipt therefor was also issued on that date. The receipt (copy) is also produced in the present revision application being No.0154 dated 27-5-1976 as Annexure 'D' at page 65. This receipt is in acknowledgement of the receipt of the amount of Rs.1,503 being the premium received on 27-5-1976 towards the Comprehensive Insurance of the said motor-car and also refers to the cover note No.003. There is further mention of Demand Draft No.703052/8 dated 27-5-1976 showing the mode of payment. However, with this revision application another photostat copy of the same receipt No.0154 has been submitted as Annexure 'E' at page 67 which shows the date of the demand draft to be 31-5-1976. Both these photostat copies of the receipts Annexures 'D' and 'E' are attested by the learned counsel for applicant. The said motor-car of the respondent was stolen on the night between 28th and 29th of May, 1976. Such report was lodged with the police and consequently intimation was also sent to the applicant who sent the claim form to the respondent which was also returned duly filled in. However, on 1-2-1977 the present applicants wrote a letter to the respondent refusing to settle his claim on the grounds that the Insurance policy was obtained by him through fraud and misrepresentation. The respondent thereafter filed the F.C. Suit No.71 of 1979 which was decreed by the learned Senior Civil Judge, Sukkur. An appeal being Civil Appeal No.60 of 1985 was filed by the present applicants which was dismissed by the learned 1st Additional District Judge, Sukkur. Being aggrieved the applicants have filed the present revision application after the lapse of more than 2 -1/ 2 years.-