ORDER

:

"46. Therefore, if the words used in the Insurance Policy give rise to two alternative interpretations, one in favour of the petitioner-insurer and the other in favour of the insured, the rule of Contra Preferentum would apply. It thus commends to the Court to read the words 'Roti Arjak/bread earner', used in the coverage Clause (1) of the Insurance Policy to include all bread winners of an eligible family. Similarly the word 'dependent used in 'Family Composition- clause (3) of that policy includes partial dependency and/or inter-dependency. To that extent, those words have to be read against the petitioner-insurer as it was itself the draftsman of the Insurance Policy."

Again the Hon'ble Court held further:-

"48. In absence of any specific exclusion under the Insurance Policy, there is no inherent logic to exclude the unfortunate occurrence of accidental death of any bread winner i.e. 'Roti Arjak/bread earner' (as described under Insurance Policy) from the cover of insurance."

The Hon'ble High Court of Allahabad again in case Oriental Insurance Co. Ltd vs. Smt. Kuntesh & 2 Others Writ- C5317 of 2022 decided on 6 April, 2022 followed the same view in case of interpretation of t