Mr. Justice L. Manoharan, President—Complaint for a direction to pay the insured amount on the loss of the fishing vessel in the accident that took place on 11.9.1998 at about 3.30 a.m.

The case of the complainant in brief is as follows, he availed a loan of Rs. 6,00,000/- from the opposite party for building the body of a motor fishing vessel, ‘Kovila’ bearing registration No. NDK 1669; that was built utilising the said amount, the total expense for engine and the body was Rs. 11,00,000/-. The boat was insured with the opposite parties 1 and 2 for an amount of Rs. 8,00,000/- and remitted the first instalment of the premium through 4th opposite party. The policy was for one year from 24.7.1998; while so the boat left at 3.30 a.m. on 11.9.1998 for fishing from Sakthikulangara when it reached near the brake water (Pulimuttu) suddenly the engine stopped on account of mechanical defect, it moved towards the east and hit on the rocks and sank into the sea. Soon after complainant informed the matter to the police, port authorities, Insurance Company and 4th opposite party/Bank. In the morning itself, at about 11 a.m. first and third opposite parties visited the spot and directed the