1. Appellant complainant was successful in convincing the State Commission constituted under the Jammu and Kashmir Consumer Protection Act, 1987, that the loss caused by theft would be covered by a fire policy, which contained a provision to the effect that the risk of riots, strike, terrorist and malicious act is also covered under the said policy. The view expressed by the State Commission was the subject matter of challenge in C1MA No. 31/95. A learned Single Judge of this Court has allowed the appeal; the order passed by the State Commission has been set aside. Now a second appeal has been preferred under Clause 12 of the Letters Patent.

2. The State Commission in its order dated 21st Feb. 95 expressed an opinion that as in the fire policy, there was a mention of the fact that riot, strike and malicious damage would also be covered, therefore, if the loss is caused by any of these factors, then, the Insurance Company is bound to pay compensation . As indicated above, an appeal was preferred. A learned Single Judge of this Court examined the matter. The argument, put across by the Insurance Company was that the loss or damage arising out of burglary, house breaking