Fishing boat 'Chitralekha' belonging to the plaintiff was insured with the appellant-first defendant under a marine insurance policy valid from 12-1-1978 to 11-1-1979. The policy included a special condition by way of warranty (monsoon cover) prohibiting fishing operations during monsoon season from 1-6-1978 to 15-8-1978 outside the limits of Neendakara Port. While engaged in fishing operations by about 6.OOa.m. On 9-3-1978, due to engine failure and weather conditions, the boat was washed off and lost in the sea. The crew was saved by fishermen. These are admitted facts.

2. In the suit claiming over Rs. 93,000/- under the policy, the main defense (the only one which was pressed into service before me other than regarding quantum) was violation of the special condition, which exonerated and discharged the insurer. On the evidence, trial court found that the boat did not go beyond the Port limits and hence it did not violate the special condition. The suit was decreed. The only question that has to be considered is whether the claim is liable to fail due to violation of the condition. Correctness of the amount decreed may come up only if this question is found in favour o