1. Appellants are the defendants in O.S.217 of 1983 of the Additional Sub Court, Cochin. Respondent (plaintiff) filed the suit to recover a sum of Rs.54,334/- being the amount due to him on account of damages caused to his fishing boat which was covered by an insurance policy. The learned Additional Sub Judge decreed the suit for the amount claimed with interest at 6% per annum from the date of suit till realisation and proportionate costs.

2. Plaintiff owned a fishing boat which was insured with the defendants. It is the case of the plaintiff that apart from the policy of insurance he had taken monsoon coverage in respect of the boat for one month. It is further stated that, the boat was in good condition, that on 13-6-1981 the boat sailed from Cochin with the members of the crew, and that on 15-6-1981 plaintiff came to know that the boat which was drifted away by violent waves met with accident. Plaintiff sent notice claiming an amount of Rs.69,735/- as damages from the defendants. The surveyor who conducted the survey had auctioned the engine of the boat and it was purchased by the plaintiff for a sum of Rs.15,401/-. Plaintiff claims the balance amount in the suit. De