Timely claim intimation and proof of looting during policy cover sustained insurer liability under the insurance contract.

Timely intimation of loss satisfied the statutory claim condition where the insurer was informed in substance within one year through letters and telegrams, and the disturbed conditions did not defeat the claim. The court treated the evidence of despatch and surrounding circumstances as sufficient to show a competent application. It also found that eyewitness testimony established the insured goods were looted on 8 and 9 August 1947 while both policies were in force, and that deprivation of the goods in communal disturbances fell within the insurance cover. Liability was therefore fixed on the insurer, with the amount apportioned as agreed.

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Issues: (i) whether a claim was made to the insurer within one year of the loss so as to satisfy the statutory condition for entertainment of the application; (ii) whether the insured goods were lost by looting while the insurance policies were in force.

Issue (i): Whether a claim was made to the insurer within one year of the loss so as to satisfy the statutory condition for entertainment of the application.

Analysis: The statutory requirement was satisfied where the insurer was informed of the loss and a claim was communicated within the prescribed period, even though the communication was brief and made in disturbed conditions. The letters and telegram sent from the bank and the surrounding circumstances showed that intimation of the loss and a demand in substance had been given within time. The evidence of despatch was supported by the ordinary course of business, and the insurer's closure of its office during the disturbances could not defeat the claim.

Conclusion: The claim was made within one year and the application was competent, in favour of the appellant.

Issue (ii): Whether the insured goods were lost by looting while the insurance policies were in force.

Analysis: The evidence of eye-witnesses established that the goods were looted on 8 and 9 August 1947. The contrary version given by the appellant was treated as unreliable, while the loss was found to have occurred during the currency of both policies. The Court also treated deprivation of the goods in the prevailing communal disturbances as constituting loss within the meaning of the insurance cover.

Conclusion: The goods were looted while both policies were in force, in favour of the appellant.

Final Conclusion: The appeal succeeded and the insurer was held liable, with the amount apportioned between the appellant and the bank in the manner agreed before the Court.

Ratio Decidendi: A statutory claim condition is satisfied by timely intimation of loss made in substance within the prescribed period, and insurance loss in riot conditions may be established by evidence showing deprivation of the insured goods during the currency of the policy.

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