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1948 Supreme(Bom) 1

N.H.BHAGWATI
Ramji Karamsi – Appellant
Versus
The Unique Motor and General Insurance Co. Ltd. – Respondent


Judgment

1. [After narrating facts above summarized, his Lordship proceeded.] The first point which has been seriously agitated before me is whether the plaintiff had an insurable interest in these goods. It was urged by Mr Shelat for the defendants that the plaintiff was merely an agent having no insurable interest in these goods. His employment was merely for the purpose of handling these goods with a view to ship them in a country craft, take out an insurance policy against them and forward the same to his principals Ramdas Vasanji and Ranchhoddas Moolji. Mr. Hathi for the plaintiff, on the other hand urged that the plaintiff was not merely an agent handling the goods in the manner suggested by the defendants. He was a commission agent doing the work of shipping and forwarding agent. He was a bailee or in any event an agent who was instructed and authorised by Eamdas Vasanji and Banchhoddas Moolji to effect the insurance of these goods in his name, that he had in any event an insurable interest in these goods, if no more, at least to the extent of the freight charges which he had paid in connection with the goods the insurance premia which he had paid in effecting insurance there


















































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