JUDGMENT

M.S. Sonak, J. - Heard Mr J.P. Mulgaonkar, learned Senior Advocate, who appears along with Ms Rupa Benaulikar for the Appellant, and Mr U. R. Timble, who appears along with Ms Yadika Mandrekar for the Respondent.

2. The Appellant (original Plaintiff) appeals the Judgment and Decree dated 31/03/2015, by which the learned Senior Civil Judge, Vasco da Gama, Goa, dismissed the Special Civil Suit No.31/2008/B, seeking damages and compensation.

3. For convenience, the parties will be referred to by their title in the suit, i.e. the Appellant will be referred to as the Plaintiff and the Respondent as the Defendant.

4. Plaintiff, the owner of the barge M V Arun, insured the same with Defendant for an amount of Rs.60.00 lakhs. This insurance policy was effective from 22/11/2002 to 21/11/2003 (midnight). However, the insured barge was accidentally grounded in the river Zuari on 3/2/2003. Accordingly, Plaintiff sought indemnification from Defendant by raising a claim on 3/2/2003 itself. Defendant promptly appointed a surveyor by their letter dated 4/2/2003, and the surveyor called upon Plaintiff to invite tenders to select a salvor to undertake the salvage operations.

5. The Plaintiff, ac