1. This suit is filed for recovery of Rs.11,35,053.82/- with interest on the principal sum of Rs.8,09,928.96/- thereon and further interest from the date of the suit until payment being the value of the material lost in transit by the Plaintiff which was insured by the Plaintiff with the Defendant. The Plaintiff claims the loss in transit under a written contract between the parties contained in the Plaintiff’s offer to take an insurance policy of the Defendant dated 20.10.1986, Exhibit-A to the Plaint and the Defendant’s acceptance under its letter dated 13.12.1986, Exhibit-B to the Plaint, as per the terms, conditions and warranties and also the exceptions in the insurance policy issued by the Defendant, Exhibit-C to the Plaint.

2. The policy of insurance, which is a marine policy (cargo), is the written contract between the parties and the rights and entitlement of the parties are governed thereby.

3. It is the Plaintiff’s case that the offer of the Plaintiff was accepted by the Defendant and the policy issued as per the specific requirement inter alia of rail movement set out in the Plaintiff’s letter of offer. The clause relating to rail movement specifically states