S.B.Sinha, J. - (1.) This appeal is directed against a judgment of order dated 21.3.80 passed by Sri S.K. Sinha, Subordinate Judge, Midnapore in Judicial Misc. Case No.45 of 1996 whereby and whereunder the said learned court allowed an application filed by the respondent under section 30 of the Arbitration Act, 1940, (hereinafter referred to for the sake of brevity as the said Act) filed by the respondent herein.
(2.) The basic fact of the matter is not in the dispute. The appellant herein was owner of a bus bearing No.WGB-3208. The first respondent in terms of a comprehensive policy dated 30.7.73 filed a claim for a sum of Rs.90,000.
(3.) It is admitted that the appellant was granted a temporary permit for running the said bus from Rasulpur to Solpatta. An accident took place in between Boral and Aruan resulting in death of a child on 6.11.73. The said bus was set on fire by a mob resulting in a total loss of the bus. Two criminal cases were filed in respect of the said incident, one against the driver of the said bus and another against some of the members of the public who had set fire on the bus. The plaintiff informed the Insurance Company, the opposite party herein, for payment of the sum assured as per contract of insurance, but no steps was taken for payment of the said sum to the plaintiff.;