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2004 Supreme(Mad) 1687

K.GOVINDARAJAN, M.THANIKACHALAM
Sri Balaji Traders – Appellant
Versus
United India Insurance Co. Ltd. , & Another – Respondent


Advocates Appeared: For The Appellant:Sampath Kumaran, Advocate, for M/s.Sampath Kumaran Assts, Senior Advocate. For The Respondents:R1, Nageswaran, Advocate.

Judgment :-

M. Thanikachalam, J.

The unsuccessful plaintiff in C.S.No.1052 of 199O, who has laid the suit for the recovery of a sum of Rs.14,84,660.32, is the appellant.

2. The brief facts leading to the dismissal of the suit are as follows:

(a) The plaintiff firm is carrying on business in cotton. It had insured its stock of cotton of all varieties with the first respondent/first defendant under two policies, bearing numbers 051000/01/1/07078 for a sum of Rs.6,00,000/- and 051000/01/1/070795 for a sum of Rs.4,00,000/- on 3.6.1986 and 10.6.1986 respectively. The properties were insured against fire, under which the first respondent/first defendant is entitled to compensate the damage, if any suffered by the plaintiff, by fire.

(b) On 28.6.1986, at about 3.00 a.m., there was a fire in the godown of the plaintiff firm, where stocks were stored, which was put off by the fire brigade subsequently. In the meantime, the entire godown and stock were destroyed by the fire, which was inspected by the first defendant's Assistant Divisional Manager, who came to the spot on the same day at about 10.00 a.m. At about 11.45 a.m., the first defendant's Surveyor also came to the scene, conducted preli













































































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