Kanhojirao Shirke & ANR Vs. Oriental Fire & Genera Insurance Co. Ltd.
 Insc 383 (26
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.
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
to the appellants" case, the deceased Mahendra insured his truck with the
respondents to the tune of Rs.
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
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.
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.