Mr. Justice Malik Sharif-ud-Din, President—This case together with a large number of cases pertain to monumental loss at Charar-i-Sharief. The property involved in this case together with large number of properties, some insured and other uninsured were destroyed in a devastating fire on 12th of May, 1995. The matter was reported not only in the local press but also in the international press and rival versions as to the cause of fire were floated.

2. One version was that the Township was set on fire by the militants in order to make good their escape while the other version was that the fire was caused in a fight between the Security Forces and the militants. It may not be out of place to mention here that this incident of fire involved the venerated Shrine of Sheikh Noorud-Din WaIi as well and this caused great deal of annoyance and anxiety to the entire people. We are not now concerned with the cause of fire in view of the fact that the opposite party admits that the loss took place due to terrorist activity,

3. Pursuant to this loss the claims were raised by the insured for indemnification of loss with their respective insurers. It goes to the credit of the insurers that the