Policy issued for the period from 02.08.2014 to 01.08.2015; – However on receipt issued on 01.08.2014 wherein premium had been received and no such timings were mentioned - Insurance company liable
(2020) SCeJ THE PUNJAB LAW REPORTER 1366
2020 SCeJ 1366 (Kar.)
KARNATAKA HIGH COURT
Before: Justice B.V. Nagarathna and Justice
H.T. Narendra Prasad, J.
The Claim Manager, CHOLAMANDALAM MS
GENERAL INSURANCE COMPANY LIMITED,
Bangalore - Appellant
Versus
Smt. EDNA LEMUEL MABEN – Respondent.
MFA No. 6342 of 2016.
2.4.2019.
(i) Motor Vehicles Act, 1988 (59 of
1988) - Insurance company cannot post-
pone the assumption of risk after receipt
of premium otherwise it would be guilty
of abetting use of vehicle in a public place
without a policy which is prohibited by
section 146 of the Motor Vehicles Act,
1988 - Proposal Form stated that the pol-
icy commenced from 02.08.2014 10.00
A.M. to midnight on 01.08.2015 - Policy
issued for the period from 02.08.2014 to
01.08.2015; that the risk commenced
from mid-night of 02.08.2014 to mid-
night of 01.08.2015 – However on receipt
issued on 01.08.2014 wherein premium
had been received and no such timings
were mentioned - Insurance company
liable. #2020 SCeJ 1366 (Kar.)
(ii) Insurance - Contra Proferentem
Rule has an ancient genesis - When
words are to be construed, resulting in
two alternative interpretations then, the
interpretation which is against the person
using or drafting the words or expressions
which have given rise to the difficulty in
construction against the party, who has
drafted them, applies - This Rule is often
invoked while interpreting standard form
contracts - Such contracts heavily com-
prise of forms with printed terms which
are invariably used for the same kind of
contracts, also such contracts are harshly
worded against individuals and not read
and understood most often, resulting in
grave legal implications - When such
standard form contracts ordinarily con-
tain exception clauses, they are invariably
construed contra proferentem against a
person who has drafted the same. #2020
SCeJ 1366 (Kar.)[Para 19]
Cases Referred :
1. Central Bank of India v. Hartford
Fire Insurance Co. Ltd. AIR 1965 SC
1288
2. Delhi Development Authority v.
Durga Chand Kaushish AIR 1973 SC
2609
3. Divisional Manager, Oriental Insur-
ance Co. Ltd., v. Honnappa M.F.A.
No.4070 of 2011 c/w. M.F.A.
No.6866 of 2011 Decided on
04.10.2016
4. General Assurance Society Ltd., v.
Chandmull Jain AIR (1966) SC 1644
5. Industrial Promotion & Investment
Corporation Of Orissa Ltd., v. New
India Assurance Company Ltd.,
(2016) 15 SCC 315
6. Magma General Insurance Compa-
ny Limited v. Nanu Ram 2018 AC
2782
7. Md. Kamgarh Shah v. Jagdish
Chandra AIR 1960 SC 953
8. National Insurance Co. Ltd., v. Bha-
dramma 2010ACJ 1687
9. New India Assurance Co. Ltd., v.
Ram Dayal (1990) 2 SCC 680
10. Oriental Insurance Co. Ltd., v. Dha-
ram Chand 2010 ACJ 2659
11. Oriental Insurance Co. Ltd., v. Por-
selvi 2009(6) SCR 289
12. United India Insurance Co. Ltd., v.
B.S. Prasad 2011 (2) AIR Kar R 688
13. Zameer Ahamed v. B.R. Narayana
Shetty 2012 ACJ 1322
JUDGMENT
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