V.K. Jain, Presiding Member—The complainant, being owner of a vessel namely MV Comorin Pride, submitted a proposal dated 18.6.2007 to the opposite for insurance of the aforesaid vessel. The complainant got the said vessel inspected through Industrial Maritime Surveyors Ltd. The said inspection / survey was carried out on 03.7.2007 and 04.7.2007 at a Port in Mombasa, Kenya. The report of the surveyor was forwarded by the complainant to the opposite party vide Email dated 12.7.2007, through its broker Athena Insurance & Reinsurance Brokers Pvt. Ltd. The opposite party then issued a Marine Hull Policy, insuring the aforesaid vessel for the period from 13.7.2007 to 12.7.2008 to the extent of US$ 6.4 million. The case of the complainant is that from 15.7.2007 to 17.7.2007, when the aforesaid vessel was on a voyage in Ballast from Dare-E-Salam Tanzania to Cochin to load a cargo she encountered heavy weather, as a result of which the vessel started rolling and pitching heavily due to continuous hitting of long swell on the vessel over the main deck and forecastle deck. On 17.7.2007, an inspection of the vessel was carried out by the crew which noted substantial deck side electrical