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Calcutta High Court · body

2005 DIGILAW 33 (CAL)

SANJAY GARG v. UNITED INDIA ASSURANCE CO. LTD.

2005-01-18

B.K.TAIMNI, P.D.SHENOY, S.N.KAPUR

body2005
S. N. KAPUR, B. K. TAIMNI, P. D. SHENOY ( 1 ) IN this matter, there is pure and simple question of interpretation of policy cover. The policy which has ensured the risk reads as under:"on Property : A mobile phone, Make : Ericsson, Model No. 788/ 9827640009 belonging to the insured only. Whilst kept by the insured himself and/or person allowed by the insured. The property is held covered against physical loss or damage due to accident only. " ( 2 ) THE State Commission took note of the fact from the First information Report and the allegations in the complaint that the Ericsson telephone was lost out the rider on the loss by adding the phrase "due to accident only" on the term "physical loss" as well. The pure and simple question is whether the phrase "due to accident only" would clarify the phrase "physical loss" or not or it would clarify only the word "loss as well as word "damage. Physical loss would include the loss by leaving it somewhere, by robbery or theft by somebody else without the mobile phone being damaged in any accident. If we consider the main purpose of the insurance policy, we cannot afford to take a very restricted view. We feel that the State Commission had taken appropriate view in this regard. Learned Counsel for the respondent vehemently argued and submitted that the petitioner is not entitled to any interest. Accordingly, we hold that in this policy, the physical loss having been proved, the petitioner is entitled to claim the amount of the depreciated value of the telephone. In case we take 10% depreciation, the petitioner is entitled to get at least a sum of approx Rs. 17,100/- and the petitioner is also entitled to interest @ 6% for the delay in payment and costs of Rs. 1,500/ -. ( 3 ) REVISION petition is allowed accordingly.