ORDER

Heard Mr. Shridhar Y. Chitale, Advocate, for the complainant and Mr. Vishnu Mehra, Advocate, for the opposite parties.

2. Shri Gurukrupa Expo Trade (the Insured) has filed above complaint for setting aside the letter dated 27.03.2014, repudiating its insurance claim and for directing New India Assurance Company Limited (the Insurer) to pay (i) Rs.32500000/-, with interest @18% per annum from 21.08.2012 till the date of payment, as the insurance claim; (ii) Rs.1000000/-, as compensation for mental agony and harassment; (iii) Rs.500000/-, as actual loss; and (iii) any other relief which is deemed fit and proper, in the facts of the case.

3. The facts as stated in the complaint and emerged from the documents attached with it, are as follows:—

(a) Shri Gurukrupa Expo Trade (the Insured) was a registered partnership firm and engaged in the business of sailing mechanized vessel named as “M.S.V. Nar Narayan” Registration No. M.N.V. 2163 for commercial purpose. The Insured obtained a Certificate of Inspection dated 05.10.2011 of the vessel from Mercantile Marine Department, Government of India, Kandla, which was valid up to 31.05.2012. New India Assurance Company Limited (the insurer) was a public insurance company and engaged in the business of providing insurance services to the general public. The Insured obtained “Hull Machinery Insurance Policy-Sailing Vessel” No. 21160222-10100000005, for the period of 25.02.2012 to 24.02.2013, for coverage of Rs.325/- lacs, of the said vessel, which was a renewal policy as initial policy was obtained on 20.02.2009. At that time, the Insurer obtained a report of fitness from J.B. Boda Surveyors Pvt. Ltd., a licenced insurance surveyor, dated 20.02.2009.

(b) The Insured entered into a Launch Hiring Agreement dated 02.08.2012 with M/s. Nour Mowafaq General Trading, L.L.C. for carrying out the full capacity of general cargo from Sharjah (U.A.E.) to Bosaso (Somalia). For voyage of the aforesaid deal, the vessel of the Insured reached Sharjah (U.A.E.) on 28.07.2012. Loading of the cargo in the vessel was started on 01.08.2012 and completed on 14.08.2012. The vessel departed for its onward journey to the port of Bosaso (Somalia) on 16.08.2012 at 10:00 hours of Sharjah time. At about 13:00 hours of Sharjah time, when the vessel was about 10 Nautical miles North of Sharjah Creek, the crew members of the vessel sensed smoke in the cargo compartment of the vessel and they immediately alerted the Captain, who switched off the engines of the vessel. The crew members also informed the Captain that an explosion had occurred in the cargo stowage area and the wooden boundary structure. Noticing the gravity of the situation, the Captain instructed all the crew members of the vessel to wear their life jackets, launch the life raft and abandon the vessel, which they did. On 16.08.2012 at about 18:00 hours of Sharjah time, the vessel sank in deep sea water, causing inter alia total loss of the cargo boarded in the vessel. The Captain and the crew members saved their life.

(c) The Insured informed the Insurer about the incident of submergence of the vessel and loss caused due to it, on 17.08.2012, requesting to register the insurance claim. Simultaneously the Insured forwarded photographs and video clip relating to the incident and other relevant documents to the Insurer. The Insured also informed State Bank of India, Bhuj Branch (the financer) on 19.08.2012 and Superintendent of Customs, Old Port Authority, Kutch, Port Officer, Bandar Road, Kutch, Custom Officer, Mandvi, Kutch, Immigration Officer and Police Sub-Inspector, Mundra Wing, Kutch, Mercantile Marine Department, Gandhidham, Kutch, about the incident, vide letter dated 21.08.2012. The Insured submitted Insurance Claim of Rs.325/- lacs before opposite party-3 on 23.08.2012.

(d) The Insurer appointed Uday Murty, Dubai, as the surveyor for survey and assessment of loss. The Insured, through emails dated 25.08.2012 and 27.08.2012, requested the In