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1985 Supreme(Cal) 70

R.N.PYNE, PRABIR KUMAR MAJUMDAR
ORIENTAL F. AND G. INSURANCE CO. LTD. – Appellant
Versus
MURLIDHAR GOPIKISSEN PVT. LTD. – Respondent


R. N. PYNE, J.

( 1 ) ONTHE 6th of December 1963 the appellant Oriental Fire and General Insurance Co. Ltd. , issued a Policy of Insurance in favour of the respondent Murlidhar Gopikisen Private Ltd. against loss of cash or bank-notes (otherwise than by the infidelity) of the employees of the respondent. The said policy provided, inter alia, as follows:"it is hereby agreed that during the continuance of this policy or any renewal thereof the company shall subject to the provisos and conditions hereinafter stated pay or make good to the insured the amount of any cash or bank-notes belonging to the insured lost otherwise than by the infidelity, fraud or dishonesty of the insured's employees by theft or robbery with or without violence or from any other cause whatsoever while in transit within the limits set forth in the Schedule hereto and in the custody or charge of the insured or his duly authorised representative for the purpose of such transmission but only to the extent set forth in the said Schedule during any one transit". The particulars of transit are mentioned in the Schedule and it is stated that the maximum amount of cash or bank-notes in transit at any one time was agree













































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