1. The plaintiff in O.S. No. 67 of 1958 of the Munsiff's Court of Cochin, the Asiatic Government Security Fire and General Assurance Company Limited, is the appellant in this second appeal. It was the respondent in A.S. No. 131 of 1959 of the Sub Court of Cochin, the successful appeal filed by the respondent before us, the Scindia Steam Navigation Company Limited.

2. The Travancore-Cochin Prawn Curers' Co-operative Marketing Society Limited shipped a consignment of five hundred bags of prawns from Cochin to Rangoon by S. S. Jalatapi, a vessel belonging to the respondent. The goods shipped were insured with the appellant against the risk, among other things, of damage caused by "Rain &/or Fresh &/or Sea &/or River Water" (Ext. P. 1).

3. Twenty-eight bags out of the shipment of five hundred bags were damaged by contact with fresh water and the appellant settled the claim in respect of the said damage by the payment of a sum of Rs. 3,282/-. The suit is to recover that sum from the respondent.

4. There has been no assignment of the rights under the policy in favour of the appellant; and the first question for determination is whether the appellant is entitled to maintain a sui