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1991 Supreme(Ker) 390

VARGHESE KALLIATH, L.MANOHARAN
J. M. F. Sea Foods, Alleppey – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates:
S. Venkitasubramonia Ayyar, A. K. Alex and Giri V., for Appellants; P. Sukumaran Nayar, for Respondent.

Judgement

VARGHESE KALLIATH, J.:- Plaintiffs are the appellants. Suit was one for money due under an insurance policy. The brief facts are these :

2. First plaintiff is a partnership. Plaintiffs 2 to 4 are partners of first plaintiff. Plaintiffs are the owners of a fishing vessel named Seagull. Syndicate Bank was the financiers of the vessel and at the instance of the financiers, the vessel was insured with the defendant - the National Insurance Company - for Rs. 1,50,000/-. The defendant issued a policy.

3. Plaintiffs' case is that the vessel was anchored near Alleppey Port on 12-2-1980, after the day's fishing operation. On 13-2-1980, the crew of the vessel wanted to take the vessel for fishing. They found the vessel missing and they immediately reported the matter to the plaintiffs. Plaintiffs informed this matter to the defendant, Police and Port Authorities on 13-2-1980. It is alleged that the plaintiffs made extensive enquiries at Quilon, Thottappally, Cochin etc. Plaintiffs came to know late in the evening of 13-2-1980 that some country boats fishermen at Kattoor have seen the sinking of plaintiffs' boat at about 5 kms. away from the sea shore at 8 a.m. The fishermen also broug



























































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