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1971 Supreme(All) 4

K.B.ASTHANA
The National Security Assurance Co. Ltd. – Appellant
Versus
S. N. Jaggi – Respondent


Advocates:
V.P. Misra, for Appellant; S. . Kacker for Respondent.

JUDGMENT :- This is an appeal under Section 40 of the Displaced Persons (Debts Adjustment) Act 1951 (No. LXX of 1951), hereinafter called the Act.

2. One S. N. Jaggi made an application under Section 13 read with Section 18 of the Act before the Civil Judge of Allahabad who was constituted as the Tribunal under the Act. The applicant claimed recovery of a sum of Rs. 18,500/-from the National Security Assurance Company Limited (hereinafter called the Company) as compensation for the loss suffered by him on account of the looting and destruction of his property during the disturbances and riots on 7th and 8th of September 1947 in the town of Peshawar. The company had insured the goods in the shop covering a risk to the amount of Rs. 18,500/- and the goods in the house covering a risk to the amount of Rs. 8,000/-under a contract evidenced by a document of insurance policy No. 12225. The insurance policy was effective during the period 13-9-1946 to 13-9-1947. At the time when the said insurance policy was issued the head office of the company was situate at Lahore and the applicant Jaggi was carrying on business of an optician in a shop at Arbad Road, Peshawar Cantt. The applicant's hou









































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