The above appeal and cross-objection, both, are directed against the Judgment, Order and Decree dated 30/07/2005 passed by the learned Civil Judge, Senior Division, Vasco-da-Gama (trial Court) in Special Civil Suit no. 45/94/A.

2. Parties shall hereinafter be referred to in the manner in which their names appear in the cause title of the said Special Civil Suit of 45/94/A.

3. The plaintiff had filed the said suit for declaration that the defendant no. 1 is liable to indemnify the plaintiff and consequently to pay Rs.13,00,000/-towards the bill no. 7/B/MS/89 dated 26/12/1989 and further to pay to the plaintiff a sum of Rs. 26,30,174.88 along with interest @ 18% per annum from the date of filing of the suit till realisation.

4. The case of the plaintiff, in short, is as follows:

The plaintiff, who is the sole proprietor of M/s Kilito Ore Carriers, had obtained a barge by name 'M.V. Vinayak' under lease from M/s. Tolani Shipping Limited, Bombay and the same was plied for transportation and carriage of ores in Goa. The said barge was insured with defendant no. 1, an Insurance Company, in the name of M/s Kilito Ore Carriers, under policy no. 121600/22/01/11/01140/89 for all ri