2. The learned advocate for the Insurance Company made
available for perusal a copy of decision of the Division Bench of this
Court in the matter of New India Assurance Company Limited
Vs. Badrudin Karmalibhai Ramani, reported in 2000 (O)
GLHEL-HC 208638 and submitted that the said judgment is
wrongly applied to the facts of the present case. The learned
advocate could not effectively convince this Court that the facts of
the said case are applicable to the facts of the case on hand.