Rakesh Kumar Jain, J. - The plaintiff is in second appeal, aggrieved against the judgment and decree of the lower appellate Court vide which the judgment decree of the learned trial court has been reversed.

2. The plaintiffs case is that M/s Brar Tractors Kotkapura is running the business of sale of Escorts and Farmatrac Tractors. One of its tractor, was kept in the show room for display at Baghapurana and was insured with M/s United India Insurance Company Limited (defendant). The tractor was purchased by the plaintiff Vide bill No. 1377 dated 30.03.2001, bearing chassis No. 288808 and engine No. 292755. The insurance period was from 15.4.2001 to 14.4.2002. It is alleged that on the night intervening 2/3-08-2001, tractor in question was stolen by some urknown persons by breaking open the lock of the shutter of the show room. The theft was reported in the police station Baghapurana vide F.I.R. No. 121 dated 3.8.2001 under Section 457/380 of IPC. The defendants, vide their letter dated 29.2.2002 repudiated the claim of the plaintiff. The plaintiff has claimed damages and compensation to the tune of Rs. 16,57,443/- as per the following detail:

(a) Loss in the tractor Rs. 3,21