R.SUDHAKAR,J.

Eleven years after tsunami wreaked havoc along the coasts of India and other South-East Asian Countries, the moot question raised for consideration before us is as to whether tsunami is an insurable risk or not.

2. Aggrieved by the order dated 18.8.2011 passed by the learned Single Judge in W.P.No.6063 of 2008, the appellant/ insurance company has filed this appeal.

3.1. Let us get down to brass tacks. The respondent company is engaged in the business of providing barges for transporting materials like Iron Ore, etc. from the port to the ships. They owned four steel barges bearing registration Nos. CGE 50, WAI 185, WAI 206 and WAI 217.

3.2. The respondent entered into an insurance contract with the appellant on 5.11.2004, insuring the four barges against damages, etc. Clause 4 of the contract states that the insurance covers loss or damage to the subject matter caused by perils of the seas, rivers, lakes or other navigable waters. It also covers loss caused by other actions such as fire, violent threat and piracy. Clause 5 of the Contract states that the insurance shall not cover loss, damage, liability or expenses caused by earthquake or volcanic eruption.

3.3.