( 1 ) HEARD Sri S. Ravi, learned counsel representing the appellant/defendant and Sri S. Narasimha Rao, the learned counsel representing the respondent/plaintiff.

( 2 ) THE appeal is preferred by the un-successful defendant in O. S. No. 441 of 1983 on the file of the Principal Subordinate Judge, Kakinada. The respondent/plaintiff filed a suit for recovery of Rs. 1,79,687-50 ps. towards the compensation amount payable under Marine Hull Policy. The respondent as plaintiff had pleaded in the plaint as follows :"the plaintiff is a Co-oparative Society registered under A. P. Co-operative Societies Act. The defendant is an Insurance Company. The plaintiff is the owner of a mechanized fishing Sarkar Boat No. 9 K. D.-573. It was insured with the defendant under the Marine Hull Policy 82741242/97, dated 21-12-1978. The said Insurance policy covers amongst other things of total loss, constructive total loss, partial loss, etc. , to the said boat. As per the terms of the Policy, the plaintiff had to pay a premium of Rs. 3,519. 75 ps. in quarterly instalments and the defendant should indemnify the plaintiff for total loss, constructive total loss and all such losses or damage