NATIONAL SECURITY ASSURANCE CO LTD Vs. MAHAL SINGH

JUDGEMENT

(1.) This is an appeal against an order made by the Tribunal under sub-s. (2) of S. 18 of the Displaced Persons (Debts Adjustment) Act, 1951, (LXX of 1951 and hereinafter to be referred as the Act.)

(2.) A preliminary objection is raised on behalf of the respondent that the appeal is not competent. Section 18(2) of the Act reads:

(3.) The application in the present case was presented by a displaced person under S. 18 of the Act for recovery of Rs. 36,000/- in respect of the loss of the insured goods. The Tribunal after going into the points raised by the parties arrived at the conclusion (I) the insured goods of the value of Rs. 33,724/8/ were lost in riots, (ii) that the goods were insured for Rs. 36,000/- on the date of the loss and (iii) that the insurance company had not paid any amount to the claimant. The Tribunal accordingly submitted a report to the Board constituted by the Central Government saying that the petitioner was entitled to a decree for Rs. 33,724/8/- with proportionate costs against the respondent company. It is against this order of the Tribunal dated 8-11-1957, that the present appeal is preferred by the company.