UDAYA KUMAR Vs. GOVINDAN ASARI

JUDGEMENT

(1.) THIS appeal and Memo, of Cross Objection coming on for hearing on Wednesday the 19th and Friday the 21st day of August 1987 and on this day and Memo, of Cross Objection upon perusing the petition of Appeal and Memo, of Cross Objection the order of the Lower Court, and the material papers in the case, and upon hearing the arguments of Mr. Asraf Ali for M/s. Raj and Raj Advocates for the appellant in AAO No, 2.51/82 and for the 1st respondent in Memo, of Cross Objection Mr. p. Ramaswamy Advocate for the respondents 1 and 2 in AAO No. 251/82 and petitioners in Memo of Cross Objection and of Mr. A. Devanathan Advocate for the 3rd respondent in AAO No. 251/82 and 2nd respondent in Memo, of Cross Objection the court delivered the following judgment. Whether the policy contemplates additional premium or not is the question that arises for consideration in this case. It is common ground that only Rs. 324/- has been paid as premium at the rate of Rs. 6/- per head for 54 passengers who can legitimately travel in the bus. In the instant case, the learned Counsel for the appellant vehemently argues that the words 'Additional Premium' that occur in this policy should be given effect to, because third party insurance cover to the tune of Rs. 426/-is contemplated and this is estimated on the basis of IEV (Insurer's estimated value) to the tune of Rs. 1125/- at the rate of 1/2% and riot and strike to the tune of Rs. 56250 p. Though these words are found in the policy in question, there is nothing on a scrutiny of the policy to show that anything has been paid above Rs 354/-namely the ordinary premium.

(2.) IN this connection Mr. A. Devanathan, learned Counsel for the Insurance Company brought to the notice of this Court page 120-A of the Indian Motor Tariffs published by Tariff Advisory Committee, Ador House, 6-K, Dubhash Marg, Fort, Bombay-600 023.

(3.) MR . Mohatned Asraf Ali relied on the following cases, namely, Smt. Manjusha Raha and Ors. etc. B.L. Gupta , Mator Owner's Insurance Co., Ltd. v. Jadavji Keshavji Modiand Ors. 1981 ACJ 507 and Raghib Nazim AND ANR. v. Nazeem Ahmed and Ors. 1986 ACJ405.