Mr. Justice S.S. Sandhawalia, President— The focal question in this complaint has admittedly come to be — whether on or around the 9th of November, 1991 the truck load of rice despatched by the complainant was covered by the marine insurance policy under cover note No. 5860. It, therefore, suffices to notice the facts relevant to this issue alone.

2. The complainant had taken out a Marine Insurance Policy under Cover Note 5860 (Annexure C-1) for transit insurance of consignments of paddy/rice upto the amount of Rs. ten lacs. The instalment premium of Rs. 6,500/- against the said policy was paid by the complainant by his cheque dated the 31st of October, 1991. It is common ground that this cheque was dishonoured by the bank for lack of funds. On being informed of the same, the complainant issued another cheque for Rs. 6,500/- on the 8th of November, 1991 (this date is hotly disputed on behalf of the opposite parties) which was allegedly later encashed by the insurers.

3. On the material date of 9th of November, 1991 the complainant despatched one truck load of Basmati rice valued at Rs. 1,44,000/- and odd vide declaration No. 20 (Aiuiexure C-3). This consignment was however, lost