In
the transit the dog was injured in one leg and on arrival could only walk on
three legs. A claim was preferred on the Insurers and when the Insurers refused
payment, it was made subject matter of a Court of Law.
It
was held that the Insurers were liable on the grounds that (1) the words "
all risks " included the injury suffered ; (2) " walking at Lahore
" meant walking in the usual way, i.e., on four legs. But the Judge
expressed an obiter dictum that " walking at Lahore, etc." did not
merely qualify the risk of mortality but all the risks covered.
PS : Obiter dictum, the Latin word would mean ‘by
the way’ i.e., a remark in a judgment that is ‘said in passing’ – a concept
derived from English common law.
With regards – S.
Sampathkumar
19th Feb 2015.
