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The learned counsel further submits that the special conditions are part and parcel of the riot and strike endorsement in the policy. The claim of the plaintiff is, therefore, always subject to the special conditions forming part of strike and riot endorsement in the policies obtained by the plaintiff and clause (3) in the endorsement cannot be read in isolation but it has to be read with special conditions attached with the same. The learned counsel further submits that as per the special conditions attached with the endorsement, loss or damage resulting from total or partial cessation of work or retarding or interruption or cessation of any process or operation is excluded from the risk covered by the 1 AIR 1996 Kerala 49 insurance company and accordingly the learned single has rightly dismissed the suit of the plaintiff as the risk in question has not been covered nor any premium is paid in connection with the said risk by the plaintiff.

CONDITION 5.

(i) This insurance does not cover:

(a) Loss of earnings, loss by delay, loss of market or other consequential or indirect loss or damage of any kind or description whatsoever.

(b) Loss or damage resulting from total or partial cessation of work or the retarding or interruption or cessation of any process or operation.

The insurance company has taken the risk of indemnifying the insured in case of damage sustained by the Company in case of riot and strike. However, such riot and strike policy is subject to special conditions attached with the riot and strike endorsement. As per condition No. 3, if there is any wilful act of any striker or locked out worker done in furtherance of a strike or in resistance to a lock out and if any loss or damage to the property occurred which may be attributed directly by such wilful act of a striker, then the insurance company is bound to indemnify such loss. It is, however, required to be noted that clause (3) is subject to special conditions attached with the aforesaid endorsement on the policy i.e. Riot and strike endorsement in the policy. So far as special conditions are concerned, condition No. 5 (b) clearly provides that the insurance does not cover any damage or loss resulting from total or partial cessation of work or the retarding or interruption or cessation of any process or operation.

13. We have considered both these judgments. Though the argument of the learned counsel for the appellant at the first blush looks attractive but, in our view, on closure scrutiny of the policies in question, along with the special conditions attached thereto, it is not possible for us to accept the view canvassed by the learned counsel for the appellant. It is indeed true that the machineries in question were damaged because of the fact that the same were not properly attended to by the striking workers and it was allowed to continue in the running position, without taking care of either switching off the running machines or by not allowing the same to be functional by properly putting the raw material etc. In this behalf we accept the evidence of the plaintiff that the machineries have become useless because of not being properly attended to by the striking workmen and the same were allowed to remain in running condition as it is. It is also true that by not attending the machineries by the striking workers, one can say that it is a wilful act of a striker in furtherance of a strike or in resistance to a lock out, as the case may be. We agree with the learned counsel for the appellant that it may not be necessary that the wilful act may be treated as any overt act in such manner that it can have a direct impact to the damage caused to the machinery in question. However, as pointed out earlier, the special conditions which form part and parcel of the riot and strike endorsement and more particularly condition 5 (i) (b) which clearly provides that the insurance policy does not cover loss or damage resulting from total or partial cessation of work or the retarding or interruption or cessation of any process or operation. Once these special conditions are attached with the riot and strike policy, clause 3 has to be read along with condition No.5 attached with the policy. These special conditions are accordingly part and parcel of the insurance policy itself. Reading the said clause 5 (i) (b), it is clear that if any loss or damage is sustained by the insured in view of total or partial cessation of work or the retarding or interruption or cessation of any process or operation, such loss is not insured by the insurance company. We cannot give such a restrictive meaning to clause (b) that cessation of work should only be considered in case of other natural calamities and not in the case where such cessation of work is due to any act of the striker. Once these special conditions are attached to the policy which cover the risk in case of riot and strike, naturally condition 5 (i) (b) is said to be part and parcel of riot and strike endorsement which is added in the policy later on. Clause 3 in the policy is required to be read with special conditions attached with the policy and the said clause cannot be read in isolation. It is clear that if any damage is caused to the machinery by virtue of any overt act by the workmen during the strike, the insurance company is bound to indemnify the losses but not for any loss which is caused to the machinery in case of cessation of work. The learned counsel for the appellant submits that, in other words, in no case the insured can get any amount in case of strike even though insurance company accepts the premium in this behalf. So far as this argument is concerned, the simple answer to this is that in a case where by any overt act of a striker, by which the machinery is made non-operational, by resorting to any violence or damaging the machinery by physical act, in that case naturally the insurance company is bound to indemnify the insured. On a closure scrutiny of Clause 3 read with Condition No. 5 (i) (b), in our view, in case where a workman who has resorted to strike by which the machinery is damaged by some positive act on the part of workmen, such loss sustained by the insured is required to be indemnified by the insurance company. In a case where by passive act of the workers if the machinery is ultimately damaged on account of the fact that the same was not being attended to by the workers, such risk in the policies, in our view, is not covered in view of the special conditions attached with the policy. In our view, what is covered by the policy is only damage to the machinery by which the insured has sustained loss. In the instant case the loss or damage that was sustained by the plaintiff was occasioned by a cessation of work or by a retardation, interruption or cessation of the process of operation. A loss caused by the cessation of work is expressly excluded from the insured perils in the first four policies as well as in the policy providing for consequential loss. It is submitted that even a passive act of the workmen is sufficient to hold that because of something which has been done by the workmen in furtherance of the strike that such damage has been caused to the machinery of the Company.