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Chimajitao Kanhojirao Shirke & ANR Vs. Oriental Fire & Genera Insurance Co. Ltd. [2000] Insc 383 (26 July 2000)

A.P.Misra, Ruma Pal

L.I.T.J The short question raised in this appeal 1s whether the words "unlimied personal Injury and property damage" upto Rs. 10 lakhs for which premium of Rs. 134/- was paid as recorded In the Insurance policy itself covers the dearth and bodily lnjury of the "insured or not. According to the statement on behalf of the appellants, who are the claimants before us, the language used therein clearly Indicates that the insured would also be covered under It, while submission on behalf of the Insurance company is, this only co-relates to the damage of the property and has no correlation with the personal injury or death of the insured.

The short facts are that the apoellant filed a suit for recovery of Rs, 6,03;000/- from the defendant-respondent, insurance company. The appellants are the parents of the rjeceased Mahendra Shirke, who died in the accident on 8th January, 1980. The said deceased obtained loan from Maharashtra Finance Corporation and Bank of Baroda under "educated Unemployment Scheme" for purchasing goods truck In the year 1977. He obtained the said loan under the condition that. he will drive personally the said truck.

According to the appellants" case, the deceased Mahendra insured his truck with the respondents to the tune of Rs.

10 lakhs, which 1s a cornorehensive Insurance covering risks for unlimited personal injury and property. ' The said truck was also Insured as per the policy to the tune of Rs.

1,27,000/- for the damage to the property. It 1s not In dispute that on the date of the accident the said truck was covered with the said Insurance policy. In fact; the question which we have to decide 1s the Interpretation.of the policy Itself.

On these facts, the trial court decreed the suit in favour of the appellants for the aforesaid amount alongwith interest @ 12% per annum. The Trial Court while considering Issues No. 1 and 9 after considaring the submissions of both the parties concludes that the payment of Rs. 134/- as premium was for the unlimited personal Injury to the life of the insured as well as to the property to the tune of Rs.


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