JUDGMENT

S. Saghir Ahmad, J.-The appellant was the owner of two trucks No. AMA 8761 and OAC 7123 in respect of which he had obtained two Policies, namely, (i) Policy No. 3521504 00591 for the period from 11.8.1988 to 10.8.1989 and (ii) Policy No. 31521504 00984 for the period from 5.2.1989 to 4.2.1990.

2. On 23rd of March, 1989, while the aforesaid trucks were carrying goods to the State of Assam on National Highway No. 31A, they were attacked at a place at Thaplaijhara in Kokrajhar District by Bodo terrorists with the result that both the trucks were completely destroyed by fire and the driver of one of the trucks was shot dead. The matter was reported to the police and the Officer-in-charge of the Police Station Gossaigaon, District Kokrajhar also issued a Certificate on 13.6.1989 that the incident, as reported, was found to be correct on investigation. It was also certified that the accused could not be traced nor could any clue be found.

3. The appellant informed the respondent about the loss sustained by him and claimed indemnification in terms of the Insurance Policies in respect of the two trucks which were destroyed by the fire caused to them by the Bodo extremists. The respon