Heard Mr. N. Borah, learned counsel appearing for the appellant as well as Mr. S. Dutta, learned senior counsel representing the respondents.

2. This is a Regular Second Appeal under Section 100 of the Civil Procedure Code (CPC) where the judgment dated 07.05.2009 passed by the learned District Judge, North Lakhimpur in Money Appeal No.01/2008, is under challenge.

3. The appellant was doing the business of production and supply of Muga Cocoons. He had taken a house on rent at Ghilamara, in the district of North Lakhimpur. He was paying the house rent at the rate of Rs.50/-per month. Apart from staying in the house, he used that house as a godown to store Muga Cocoons. He purchased a Fire Insurance Policy for the house.

4. On 16.01.2001, while the appellant was at Sualkuchi in the district of Kamrup, the rented house at Ghilamara was gutted in fire. Upon getting the information, the appellant went to Ghilamara and finally staked the claim before the Insurance Company. The Insurance Company repudiated the claim of the appellant.

5. The appellant approached the Ombudsman of the Insurance Company who awarded a sum of Rs.25,000/-to him as ex gratia compensation. The Insurance Company was n