Ahmadi, C. J. I - (1.) -Special Leave granted.
(2.) The respondent No. 1 Sujir Ganesh Nayak and Company is a registered partnership with its head officer at Quilon carrying on business in import and export of cashew. It has four factories at Kunnikode, Mulavana, Perumpuzha and Ayathil for processing cashew. The respondent No. 1 obtained two fire polices from the appellant Insurance Company dated 5-11-1976 and 2-5-1977, both for a period of twelve months, and for the amounts of Rs. 6,00,000/- and Rs. 1,20,000/- respectively. Both the policies had a Riot and Strike Endorsement to the following effect: "Riot and Strike Endorsement - In consideration of the payment of the sum of Rs....... additional premium, it is hereby agreed and declared that notwithstanding any thing in the written policy contained to the contrary the insurance under the Policy shall extend to cover Riot and Strike damage which for the purpose of this endorsement shall mean (subject always of the Special Conditions hereinafter contained).
(3.) Loss of or damage to the property insured directly caused by:- 1. The act of any person taking part together with others in any disturbance of the public peace (whether in connection with a strike or lock-out or not) not being an occurrence mentioned in Condition 6 of the Special Condition thereof. 2. The action of any lawfully constituted authority in suppressing or attempting to suppress any such disturbance or in minimising the consequences of any such disturbances. 3. The wilful act of any strike or locked out worker done in furtherance of a strike or in resistance to a lock-out. 4. The action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimising the consequences of any such Act," ;