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2010 Supreme(SC) 323

R.V.RAVEENDRAN, K.S.RADHAKRISHNAN
Amravati District Central Co-operative Bank Ltd. – Appellant
Versus
United India fire & General Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants : Gagan Sanghi, J.B. Kant, Rameshwar Prasad Goyal, Advs., for the Appellants.
For the Respondents:Ravi Bakshi, Rajeev Kumar Bansal, Akshay K. Ghai, Sanjeev Bansal, Ms. Ruby Khan, Advs., for the Respondents.

JUDGMENT

R. V. Raveendran, J. —

Leave granted. Heard the learned counsel.

2.In pursuance of a Banker’s Indemnity Insurance Proposal dated 1.7.1976 from the appellant (‘Bank’), the respondent (‘Insurer’) issued a Renewal Insurance Policy covering the period 1.7.1976 to 1.7.1977. The policy indemnified and insured the Bank against losses caused by acts or omission of the Bank’s employees to a limit of Rs.6 lacs (Basic cover) plus Rs. 9 lacs (cash in safe). The Bank furnished to the Insurer a list of its branches to be covered by the insurance which included Dhamangaon Branch and the names of the employees working in those branches. The operative portion of the policy is extracted below:-

“THE COMPANY HEREBY AGREES subject to the terms and conditions contained herein or endorsed or otherwise expressed herein that if the Insured shall discover any direct LOSS of Money and/or Securities sustained by the Insured by CONTIGENCIES as provided hereinafter at any time during the period of insurance stated herein or any subsequent period in respect of which the Insured shall have paid or agreed to pay and the company shall have accepted or agreed to accept the premium required for the renewal the









































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