ORDER

Mr. P.B. Joshi, Presiding Judicial Member - Consumer complaint was filed with the intention that a policy called 'Marine Hull and Machinery Policy bearing no.121001/22/7/01/0000002 in respect of shipping boat known as 'Devachi Jejuri'. On 05/10/2007, said boat sailed for fishing and when it was returning, it was noticed that water had entered into the room of the engine. On investigation, the leader of the board found that a plank of the board had become loose, due to stroke of some hard and blunt substance. As a result, the flow of water could not be stopped and the boat sank and got drowned in the sea. A claim was lodged by the complainant with the opponent insurance company. A surveyor was appointed by the insurance company. The surveyor filed his report. As per the surveyor, loss of vessel was due to falling of the plank due to normal and seasonal weather and it was not under the terms of the policy. The surveyor also reported that for fishing in marine, licence is necessary, but no such licence was produced before the surveyor. After receiving the report of the surveyor, the