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2012 Supreme(Gau) 1023

T.VAIPHEI
Silk Point – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. G.N. Sahewalla, Mr. P. Bora and Mr. D. Senapati, Advocates
For Respondents/Defendant:Mr. S. Dutta, Ms. M. Choudhury and Mr. D. Chakraborty, Advocates

JUDGMENT

T. Vaiphei, J.

1. The legality of the repudiation made by the insurer-respondent in respect of the claim for indemnification of the damage caused to the shop of the petitioner and the entire goods stocked therein due to the impact created by an explosion, on the ground that such an act of terrorism was not covered by the insurance policy, is under challenge in this writ petition. The facts giving rise to this writ petition, as pleaded by the petitioner, may be briefly noted before proceeding further. The petitioner is the proprietor of the cloth shop under the name and style of "M/s Silk Point", which is located at H.B. Road, Kamarpatty, Guwahati, and is engaged in selling Assamese cloth such as Pat, Muga, Assam Silk, etc. with the loan taken from the respondent No. 3 (Punjab National Bank, Guwahati) in the year 2005. As required by Bank-respondent, the petitioner duly insured his shop and the goods stocked therein with the respondent No. 1 in accordance with the tie-up arrangement made between the Bank and the respondent No. 1: Insurance Policy bearing No. 321100/48/2009/836 being risk against fire and special perils, burglary and house breaking and money in transit was iss






















































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