DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO, LTD , DIVISIONAL OFFICE Vs. VEERABHADRAPPA S/O CHANVEERAPPA BADIGER

JUDGEMENT

(1.) This appeal is filed by the Insurance Company against the Judgment and award dated 25.10.2008 rendered by the Civil Judge (Sr. Dn.) & AMACT, Haveri in MVC No.33/2006, whereby the compensation of Rs.3,64,000/- is awarded with 6% interest thereon.

(2.) The learned counsel for the appellant taking me through the LCR more particularly Ex.R-1 marked in the evidence of RW-1 who was an official of the Insurance company submits that no liability could have been fastened on the company since the said Ex.R-1 is only an "Act policy" as contra distinguished from a "Comprehensive policy". He brings to my notice a decision of the Apex Court in the case of National Insurance Company Limited Vs. Balakrishnan and another, (2013) 1 SCC 731, para 26 of which reads as under:

(3.) The counsel for the respondent claimant vehemently contended that the Insurance company having accepted Rs.500/- from the Insured as additional sum, the policy in question automatically metamorphozis into a comprehensive policy because of the existence of the substratum and therefore the Court should treat Ex.R-1 as being a comprehensive policy, its format not withstanding.