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Documents citing Mohd. Ibrahim vs Mt. Altafan And Ors. on 29 July, 1924

State Bank Of India vs National Insurance Company Ltd. And ... on 5 August, 1991

4. Shri R. K. Chhibber, Advocate, appearing on behalf of the appellant-Bank, has argued that when a finding is based on reports of Experts, which are not based on any evidence. Such a finding would not be considered a finding of fact simplicitor to bar interference therewith under section 100 of the Code of Civil Procedure In support of this contention he relies upon following two decision : Mt. Altafan v. Ibrahim A. I. R. 1924 Allahabad 116. a decision of the Single Bench and secondly that the aforesaid decision was affirmed by Division Bench in L. P. A. reported as Mohd. Ibrahim v. Mt. Altafan, A. I. R. 1925 Allahabad 24. The Single Bench had observed that the finding based on the opinion of experts is not necessarily a finding based on facts proved or directly demonstrated. The opinion of experts are relevant but not conclusive on the matters to which they relate and where , they materially differ their value and sufficiency may legitimately form the subject of consideration and scrutiny despite the acceptance of any of them by one Court or another. As already stated above, the aforesaid decision ' was affirmed by the Division Bench. That, was a case for divorce under the Mohamedan Law and the question involved related to consummation of marriage. The relevant evidence produced in the present case had been perused, keeping in view the respective arguments addressed with respect to the two reports of the Experts as well as statement of Gurnam Singh PW. As per endorsement of the insurance policy-Exhibit P. 1. State Bank of India is the pledgee with whom the truck was pledged and entitled to recover the insurance amount on account of loss or damage to the truck and that would fully meet the liability of the Insurance Company against the insured owner of the truck. Thus it is held that the Insurance Company is liable to make good loss of the goods of the truck, caused by fire, the State Bank of India is entitled to recover the amount of Insurance policy in this suit from the Insurance Company.
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