KASIM ALI BULBUL Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE plaintiff, Kasim Ali Bulbul, carries on business in wood carving and paper machie under the name and style of K. A. Bulbul in Lambart Lane, Residency Road, Srinagar. On 8th June 60 he got his stock -in -trade consisting of wood carving, paper machie, business furniture and two pieces of carpets contained in the shop insured with the defendant company for one year from 8th June 60 to 8th June 61 for a sum of Rs. 30.000. This sum of Rs. 30,COO was made up of the following figures : - Stock -in -trade: Rs.29,300. Business furniture: Rs 500. Two carpets : Rs 180.

(2.) THE shop remained in possession of the defendant company when on the night of 3rd Nov. 19 61 another fire broke out which destroyed the remaining aticles in the shop. There were some un -insured goods of the value of Rs. 564.50. The total claim of the plaintiff thus comes to Rs. 27,904.81.

(3.) ACCORDING to the plaintiff, on the basis of the insurance effected on his goods, the defendant company was liable to make good the loss to him, but did not do so. As the keys of the shop remained with the defendant upto 3rd Nov. 61, the defendant was further liable for the loss of uninsured goods valuing Rs. 564.50. The plaintiff therefore claimed a decree for the above mentioned amount, i. e. Rs. 2790481.