Mr. Justice D.M. Patnaik, President—This is an original case wherein the complainant the Managing Director of a Poultry Farm in the District of Ganjam claims a sum of Rs. 16,00,000/- under policy of insurance in respect of Poultry Unit that was valid in between the dates 20.11.1998 to 19.11.1999. It is his case that in the cyclonic storm that hit the coastal areas in the district of Ganjam on 17/18th of October, 1999 his huge stock of poultry feed were damaged. The claim lodgrd before the Insurance Company under Annexure-3 was repudiated by the Insurance Company and hence the case.

2. The Insurance Company in the written version took the ground that the case is not maintainable because the complainant was running the business on a commercial basis. Secondly the complainant having signed the loss/discharge voucher accepting the amount of Rs. 4,60,000/- in full and final satisfaction of the claim, cannot again re-agitate the matter for higher compensation.

3. We have heard Mr. R.K. Pattanaik the learned Counsel for the complainant and Mr. S. Ray the learned Counsel for the Insurance Company at length and perused the documents on record.

4. We are unable to accept the case of learne