( 1 ) HEARD both sides

( 2 ) THE unsuccessful defendant in the suit is the appellant herein and the respondent herein is the plaintiff.

( 3 ) THE plaintiff filed the suit for recovery of money from the defendant towards loss of tobacco stocks in the cyclone.

( 4 ) THE plaintiff was a dealer in tobacco business. He took a policy from the defendant for the stocks and buildings. The policy, undisputedly, was valid and in subsistence from 31-5-1989 to 30-5-1990. The total amount of policy proposed by the plaintiff was a sum of Rs. 3,95,000. 00. The stocks of the plaintiff were admittedly pledged to a nationalised bank.

( 5 ) BE that as it may, during the currency of the policy, on 8-11-1989, there was a cyclone and on 9-11-1989 there was a colossal loss of stocks of tobacco held by the plaintiff. The same was reported by the plaintiff to the insurer, the defendant, promptly and that the defendant had appointed a surveyor as contemplated under the Insurance Act to assess the loss/damage sustained by the plaintiff.

( 6 ) THE defendant, after receiving the report of assessment made by the surveyor, offered Rs. 35,000. 00 only as compensation to the plaintiff. Dissatisfied