Mr. Justice A.K. Bhattacharjee, President— The only short point that arises for determination in this appeal is the interpretation of the expression "malicious damage" occurring in a policy of insurance. The appellants-complainants insured their house at D-226 C.I.T. Road, Calcutta-700 010 with the opposite party Insurance Company under a policy against fire and allied risks including riot, strike and malicious damage on payment of due premium. During the risk period the complainants suffered damage to their house during the construction of a new building on the adjacent plot by some promoter. It has been alleged that during the construction mortar and dirty water splashed on the painted wall of the complainants soiling the same as a result of which they suffered loss of Rs. 6,000/- which was subsequently enhanced to Rs. 7,000/-. The complainants had made a claim to the opposite party Insurance Company who appointed a Surveyor for assessing damages. The Surveyor assessed the damages and made a recommendation for payment of an amount of Rs. 2,906/- subject, however, to a decision whether it was a case of malicious damage. The Insurance Company, however, repudiated the claim on