TRICAMJI DAMJI AND CO Vs. VIRJI KANJI

JUDGEMENT

(1.) The plaintiffs sued the defendants in this case on what was described in the plaint as a protection note Exh. X 1 in the case. The defendants contested their liability under this document, and among the various defences the preliminary defence raised was that the document upon which the plaintiffs sued being unstamped, the suit was not maintainable. Upon the preliminary issue the trial Court decided in favour of the defendants, and dismissed the suit.

(2.) The question in this appeal from the judgment of Mr. Justice Marten is whether the document in question is a policy of sea insurance within the meaning of the Indian Stamp Act (II of 1899) or it is merely a "letter of cover or engagement to issue a policy of insurance" within the meaning of the "General Exemptions" relating to policies of insurance in Art. 47 of Schedule I of the Indian Stamp Act. The learned trial Judge is of opinion that the unstamped memorandum Exh. X 1 falls within the exemption; and if that view is right, it is clear that, as it is not stamped, and as no stamp can be now received in respect of it, the suit will be unmaintainable.

(3.) The whole question is whether the document in question satisfies the requirements of the definition of "policy of sea insurance" within the meaning of the Indian Stamp Act. The document is worded thus:- Given in writing by the undersigned persons. To wit; That we accept the liability on goods shipped from the port of Muscat in the boat Jeramprasad Tandel Ibram for Bombay Bunder. That liability is to exist up to the time the said goods have been discharged on the Bombay Sunder having pasted any intermediate ports. The insurance is accepted in accordance with the usage of English Policies without damage. The amount is to be paid within six months from the date of the loss deducting therefrom discount at the rate of 20 per cent. Through broker Tha: Dewkaran. The signatures are to be duly affixed to the stamped pakka (i.e., formal) policy.