- (1.) The short question raised in this appeal is whether the words "unlimited personal injury and property damage" up to Rs. 10 lakhs for which premium of Rs. 134/- was paid as recorded in the insurance 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 co-relation with the personal injury or death of the insured.
(2.) The short facts are that the appellant filed a suit for recovery of Rs. 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 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 is a comprehensive 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 is 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 is the interpretation of the policy itself.
(3.) On these facts, the trial Court decreed the suit in favour of the appellants for the aforesaid amount along with interest @12% per annum. The trial Court while considering Issues Nos. 1 and 9 after considering 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. 10 lakhs and finally recorded its finding to the following effect:- "Moreover, there is no iota of evidence to prove that the contents as against premium at Rs. 134/- as unlimited personal injury and damages to be Rs. 10 lakhs has been wrongly or mistakenly shown in that policy." ;