TMI Blog2000 (7) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... surance policy itself covers the death and bodily injury 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. 2. The short, facts are that the appellant filed a suit for recovery of ₹ 6,03,000/-from the defendant-respondent, insurance company. The appellants are the parents of the deceased Mahendra Shirke, who died in the accident on 8th January, 1980. The said deceased obtained loan from Maharashtra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding is recorded in view of the stand taken by the insurance company before the trial court, namely, the recording of the words 'unlimited personal injury' was wrongly recorded therein. In support of this, reference is made by learned Counsel for the appellants to the written statement filed by the insurance company, which is to the following effect : The noting of 'unlimited personal injury, is redundant, the premium is accepted either to cover property damage or personal injury. It is due to oversight/mistake, the wording 'unlimited personal injury' is typed against the additional premium of ₹ 134/-.... 5. Being aggrieved by the order of the trial court, the insurance company filed an appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th and bodily injury to any passenger of a public service vehicle. In other words, in a third party insurance the insured is indemnified against any loss which may occasion on account of any accident of the vehicle which he insures, but it does not cover the insured for claiming any amount from the insurance company. In this background, he referred to the Insurance Policy itself to show that the words 'unlimited personal injury and property damages' upto 10 lakhs referred in it relates to the insured liability for which he would be indemnified but only in respect of a third party, that is to say, the word 'personal' would qualify the injury or death of a third party and not to the insured. Scrutinizing the schedule of the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anding the word used therein, namely, 'unlimited personal injury' it would in terms of the policy, would be limited to the liability of a third party. On the contrary, faced with the submission that such words would make the insurer liable even to the insured personally, the said plea and submission was made in the trial court. Once the submission and the stand is that the writing is on account of oversight and mistake, the aforesaid submission made before us cannot be sustained. 9. In view of the aforesaid conclusion, we have no hesitation to hold that the High Court committed an error in setting aside the finding given by the trial court, specially in view of the said specific plea taken in the written statement. The High ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
