A.A.HALBE, RAJYALAKSHMI RAO
KUMAR AGENCY – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent
Mr. Justice A.A. Halbe, President.—The important question which has been raised in this appeal is regarding the interpretation of word, “Cash in Transit”, in the Multi-Perils Policy for L.P. Gas Dealers issued by the respondent Insurance Co. The appellant/complainant had taken out the Multi-Perils Policy for L.P. Gas dealers for the period from 24.9.1995 to 23.9.1996. Various clauses were inserted in the policy and one of them was Section III(A)—”Cash in Transit” which is as follows :
“The Company will indemnify the insured in respect of loss by accident or misfortune whilst the insured’s money in the hands of the insured or the partner/directors/ employees of the insured is in transit between any two places within a radius of 15 Kms. from the insured’s premises as stated in the Schedule.”
2. Undisputedly the shop premises of the complainant were insured. The shop was meant for storing and dealing in gas cylinders. However, on 19.11.1995, the appellant/complainant wanted to purchase a Demand Draft in the name of H.P. Ltd. (Hindustan Petroleum Corporation Ltd.), but as it was Sunday, the complainant after closure of his business took the cash of Rs. 47,500/ - in a plastic bag an
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