Judgment

The short question raised in this appeal is whether the words “unlimited personal injury and property damage” upto Rs. 10 lakhs for which premium of Rs. 134/- was paid as recorded in the insurance policy itself covers the death and bodily injury of the insured or not. According to the statement on behalf of the appellants, who are the claimants before us, the language used therein clearly indicates that the insured would also be covered under it, while submission on behalf of the insurance company is, this only co-relates to the damage of the property and has no correlation with the personal injury or death of the insured.

2. The short facts are that the appellant filed a suit for recovery of Rs. 603,000/- from the defendant-respondent, insurance company. The appellants are the parents of the deceased Mahendra Shirke, who died in the accident on 8th January, 1980. The said deceased obtained loan from Maharashtra Finance Corporation and Bank of Baroda under “Educated Unemployment Scheme” for purchasing goods truck in the year 1977. He obtained the said loan under the condition that he will drive personally the said truck. According to the appellants’ case, the deceased Mahend