FALL FROM CAR

Press, Volume LXXIV, Issue 22358, 23 March 1938, Page 5

FALL FROM CAR

WOMAN’S DEATH FROM TETANUS

INSURANCE company appeals AGAINST JUDGMENT

(PBESS ASSOCIATION TELEGRAM.)

WELLINGTON, March 22.

A point concerning a private motor vehicle insurance policy is before the Court of Appeal. The case is that of the Victoria Insurance Company, Ltd., versus Ernest Leonard HarrisonWilkie.

This appeal from the judgment of Mr Justice Northcroft, delivered in Christchurch last December, arises from an action , brought by the respondent, Harrison-Wilkie, as adminis trator of his wife’s estate, for £IOOO claimed to be payable under a private motor vehicle insurance policy. ■lt appeared at the trial from certain admitted facts that during the cur rency of the policy the insured (the respondent’s wife) was being driven by him in the car covered by the policy. There was a dense fog and bad visibility at the time. The cai was stopped to let the woman out to ascertain their whereabouts. Before the car was quite stationary, the woman, who had opened the car door, fell to the road. She was found to have a bruise and an abrasion on the leg and a bruise near the throat

After treatment at her home for some days, her condition caused concern, so that after a medical examination she wag sent to hospital on June 13. The next day tetanus was diagnosed and death followed on June 18. His Honour held that on the interpretation of the policy the claim was well founded and entered judgment for the respondent. The appellant company to-day brought an appeal before the Chief Justice (the RC Hon. Sir Michael Myers), and Mr Justice Blair, Mr Justice Kennedy, and Mr Justice Callan. For the appellant company, Mr, P. B Cooke, with whom appears Mr P. H T. Alpers, submitted that the claim by the respondent was not within the conditions of the policy, because the insured did not die solely as a direct result of actual physical injuries suffered by her in the accident. Furthermore, it was excluded from the policy by a proviso that compensation was not payable when death was due to a disease which was a direct or indirect result of injuries suffered in an accident.

Mr F. D. Sargent, with him Mr K. J. McMenamin, appeared for the respondent. All counsel except Mr Cooke are from--Christchurch.