ANGEL ARULRAJ, E.J.BELLIE, V.S.KANDASAMY
S. KAMALA – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent
Mr. Justice E.J. Bellie, President—The complainant S. Kamala is the registered owner of the Motor Fishing Vessel “Kamala” MDS 260. The vessel has been insured with the 1st opposite party for a sum of Rs. 7,54,000/-. The vessel has been hypothecated with the 2nd opposite party Indian Bank, Royapuram. On 30.4.93 the vessel started from Madras Harbour for fishing operation and was going towards Kovalam. Suddenly the engine of the vessel ceased to function. The crew in the vessel tried their best to prevent the vessel going aground but in vain. On 1.5.93, the hull was completely broken and the machinery was seriously damaged. The incident was reported to the 1st opposite party-Insurance Company, and it appointed a Surveyor to assess the loss, and the Surveyor had submitted a report. After discussion with the Surveyor the complainant prepared a claim with the Insurance Company for indemnifying the loss. But the Insurance Company by their letter dated 13.2.95 repudiated the claim on the ground that the vessel had no valid licence on the date of the incident. This stand taken by the Insurance Company is unjust and improper and it amounts to deficiency in service. Even if there was no
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