COURT NO: 04 Complaint No.08 of 2012 M/s. Hiren Marine Transport Services Partnership Firm, Having Address at, Hapa, GIDC, Nr. Ambica Way Bridge, Jamnagar - 361001 ....Complainant Vs.

Bajaj Allianz General Insurance Co. Ltd.

601-2, 606, Prasham, 6th Floor, Beside Dharam Cinema, Kasturba Gandhi Road, Rajkot - 360001 .... Opponent BEFORE: Dr. J. G. Mecwan, Presiding Member.

APPERANCE: S.C. Shah, L.A. for the Complainant, Mr. V.P. Nanavati, L.A. for the Opponent ORDER BY DR. J. G. MECWAN, PRESIDING MEMBER

JUDGMENT

1. The facts giving rise to the present Complaint are as set out herein under:

1.1 It is the case of complainant that the complainant is partnership firm represented through its partner Mr.Hiren J Nanda. The complainant is owner of Barge "Pankaj Sagar" which is sailing vessel and partner Hirenbhai is self employed and using said vessel / Barge for giving on hire for earning livelihood. The complainant had obtained Marine Hull Policy from opponent with sum insured of Rs.45 lakhs and opponent issued policy on receipt of premium as consideration and issued policy no OG-09-1022-00000031 from 4/2/2009 to 3/2/2010.

1.2 It is the further case of complainant that during policy period and during Barge operations on around 7.00 hours 6/12/2009 said Barge overturned and sunk in the Sea near Bedi port. The opponent insurance company was informed and Opponent Company appointed Admire Marine Services Private Limited who carried our preliminary survey on 6/12/2009 and issued his preliminary survey report to opponent insurance company on 9/12/2009. Thereafter opponent has appointed another surveyor he has requested to furnish various documents.

1.3 It is the submission of complainant that the complainant cooperated in all respects and supplied all documents and details in support of claim to enable surveyor G P Dave & Sons to assess the loss.

1.4 It is the further case of complainant that as suggested by Surveyor, efforts to bring up/ fetch sank barge salvage was also tried. Public advertisement was also given for said work. Two persons M/s.Anwer Abbas Kara and Padhiar’s Hitech Engineering services suggested for their charges which was submitted to surveyor however thereafter persons backed out and withdrawn their offers for salvage operation. In the said situation the complainant wrote to insurance company on 9/11/2010 and said that costs of repairing and salvages expenses is exceeding the value of Barge of Rs.45 lacs and hence requested to consider as "total loss" and to pay the claim under policy.

1.5 It is the case of complainant that thereafter reminders was sent for settlement of claim on 10/12/2010, 3/1/2011 and 29.01.2011, but the complainant was surprised to receive letter from Opponent Company dtd.15/2/2011 rejecting the claim. In repudiation letter it was stated that company has received report from surveyor and based on its report the company has rejected the claim. It is stated that vessel was unseaworthy at the time of incident and also there was no operation any insured perils at the time of loss.

1.6 It is the case of complainant that this action of rejecting the genuine claim by Opponent Company was shocking and no opportunity was ever given to complainant before rejecting the claim. The complainant was also not informed about survey report and therefore complainant through Advocate Bipin Jhaveri sent legal notice and pointed out illegal rejection of claim and also asked for copy of survey report on which reliance was based for rejecting the claim. The opponent company by letter dtd 9/6/2011 sent reply and also sent copy of survey report of G P Dave & Sons.

1.7 It is the further case of complainant that the complainant sent another legal notice through Adv S J Mehta on 1/9/2011. As the survey report of G P Dave & sons was not proper and illegal and based on