CHANDMULL JAIN Vs. GENERAL ASSURANCE SOCIETY LTD
HIGH COURT OF CALCUTTA
GENERAL ASSURANCE SOCIETY LTD
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(1.) THIS is an appeal from the judgment and decree of G. K. Mitter J. dismissing the plaintiffs' claim for 1,16000/- with costs on an insurance in respect of two houses at Dhulian in the district of Murshidabad, west Bengal, which were lost by flood and erosion of the river and against which the same were insured.
(2.) THE main question in this appeal is the applicability of Condition 10 of the Policy of Insurance to the facts of this case and the proper interpretation and legal effect of such condition. This condition is said to be the usual condition of the defendant Society's policy.
(3.) THE facts of the case may be briefly stated at the outset. On June 2, 1950 the plaintiff signed a proposal for insurance with the defendant company. The proposal expressly stated "the acceptance of this proposal is subject to the Rates and Regulations of the Insurance Associations Tariffs lodged with the Superintendent of Insurance. " There is also a space in the proposal form for a sketch plan of the building to be insured. In fact, sketch plan was attached with this proposal. The plan in the paper book shows the details of the two-storeyed building of the plaintiff at Annupnagar Bazar, Dhulian Municipality, ward No. 4, Holding No. 273a to C. It is drawn to a scale of 8 feet to an inch. There is a similar proposal form with plan in respect of the other building, although not printed in the Paper Book.;
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