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the eight above- named defendants, which issued to him personal accident
policies, upon payment of the premium of P8.12 for each policy. Plaintiff's
beneficiary was his employer, Broadway Cotton Factory, which paid the
insurance premiums.
"On December 24, 1953, a fire broke out which totally destroyed the Broadway
Cotton Factory. Fighting his way out of the factory, plaintiff was injured on the left
hand by a heavy object. He was brought to the Manila Central University
hospital, and after receiving first aid there, he went to the National Orthopedic
Hospital for treatment of his injuries which were as follows:
1.
2.
3.
4.
5.
6.
xxx
"Either hand
xxx
xxx
P650.00
xxx
xxx
". . . The loss of a hand shall means the loss by amputation through the bones of
the wrist. . . .."
Defendants rejected plaintiff's claim for indemnity for the reason that there being no severance of
amputation of the left hand, the disability suffered by him was not covered by his policy. Hence,
plaintiff sued the defendants in the Municipality Court of this City, and from the decision of said
Court dismissing his complaints, plaintiff appealed to this Court." (Decision of the Court of First
Instance of Manila, pp. 223-226, Records).
In view of its findings, the court absolved the defendants from the complaints. Hence this appeal.
The main contention of appellant in these cases is that in order that he may recover on the
insurance policies issued him for the loss of his left hand, it is not necessary that there should be
an amputation thereof, but that it is sufficient if the injuries prevent him from performing his work
or labor necessary in the pursuance of his occupation or business. Authorities are cited to the
effect that "total disability" in relation to one's occupation means that the condition of the
insurance is such that common prudence requires him to desist from transacting his business or
renders him incapable of working. (46 C.J.S., 970). It is also argued that obscure words or
stipulations should be interpreted against the person who caused the obscurity, and the ones
which caused the obscurity in the cases at bar are the defendant insurance companies.
While we sympathize with the plaintiff or his employer, for whose benefit the policies were issued,
we can not go beyond the clear and express conditions of the insurance policies, all of which
define partial disability as loss of either hand by a amputation through the bones of the wrist."
There was no such amputation in the case at bar. All that was found by the trial court, which is not
disputed on appeal, was that the physical injuries "caused temporary total disability of plaintiff's
left hand." Note that the disability of plaintiff's hand was merely temporary, having been caused by
fractures of the index, the middle and the fourth fingers of the left hand.
We might add that the agreement contained in the insurance policies is the law between the
parties. As the terms of the policies are clear, express and specific that only amputation of the left
hand should be considered as a loss thereof, an interpretation that would include the mere
fracture or other temporary disability not covered by the policies would certainly be unwarranted.
WHEREFORE, the decision appealed from is hereby affirmed, with costs against the plaintiffappellant.
Bengzon, C.J., Padilla, Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Paredes and Dizon,
JJ., concur.