Hon'ble Mr. Justice M.B. Shah, President-The undisputed facts as found by the State Commission are:

There is a lake known as 'Sursagar Lake' near the city of Vadodara which has been under the control and management of opposite party No. 1-Vadodara Municpal Corporation (hereafter referred to as the Corporation). Initially, it started the activity of plying boats for joy rides and boating club, but subsequently for the period commencing from 26.9.92, it entrusted the activity of plying boats to opposite party No. 2 - Shri Patheja of Ripple Aqua Sports (hereinafter referred to as the Aqua Sports) under a contract. The Corporation is, admittedly, having consideration from the Aqua Sports for carrying on the activity of recreation and/or entertaining the citizens/passengers by way of boat rides/joy rides in the boat(s) provided by the opposite party No. 1, Corporation to the Aqua Sports.

2. Under the contract entered into between the opposite party No. 1 and 2, appropriate cover of insurance was to be taken by the Aqua Sports and it had taken an insurance policy in question from the opposite party No. 3-M/s. Oriental Insurance Co. Ltd. (hereinafter referred to as the In