Date of filing: 08.10.2018 IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU. JUSTICE R. SUBBIAH:PRESIDENT C.C.No.192 of 2018 Wednesday, the 27^th day of December, 2023 M/s. Eastern Waterways (P) Ltd., rep. by its Director Capt. F.Ilancheran, Flat No.5, Sai Dharma, No.2, C.V.Raman Road, Alwarpet, Chennai - 600 018. ... Complainant - Vs –

The Branch Manager, The New India Assurance Co., Ltd., T.S.No.1817, Neela South Street, Nagapattinam. ... Opposite Party Counsel for the Complaint : M/s. P.Muthusamy Counsel for the Opposite Party : M/s. Nageswaran & Narichania This Complaint came up for final hearing on 29.11.2023, and on hearing the arguments of the counsel for the Complainant and the counsel for the opposite party and upon perusing the material records, this Commission made the following :-

ORDER

R.SUBBIAH J., PRESIDENT This Complaint has been filed under Section 17 of the Consumer Protection Act, 1986, as against the Opposite Party, for the following reliefs:-

(1) To direct the opposite party to settle the insurance claim amount of Rs.60,00,000/-;

(2) To pay the Expenses incurred after the accident for a sum of Rs.10,43,385/-;

(3) Interest for Insured amount and Expenses incurred after the accident (Rs.70,43,385/- x 24% (17 months) Rs.23,94,750/-;

(4) To pay a sum of Rs.5,00,000/- to the complainant as compensation for the mental agony caused by the opposite party; and (5) To pay the cost for a sum of Rs.25,000/- towards litigation charges.

2. The case of the complainant is that the complainant is the owner of the multi utility work boat named AQUA PRIDE - 1 bearing Reg. No. NG 103 used for providing support services for Dredges and Barges. The vessel has been registered at Nagapattinam and worked, depending upon the availability of work, within any Port, limit and also at various Ports of Tamil Nadu, like Nagapattinam Port, Karaikal Port, Parangipettai Port, Cuddalore Port, Ennore Port and Puducherry Port, within the Port limit.

From the date of purchase, the complainant's multi utility work boat has been duly insured with the opposite party and has been renewed periodically. The Policy Number was 73120022160100000019 and valid from 29.11.2016 till 28.05.2017. The boat has been hired by M/s. MARG Limited, Kottivakkam, Chennai, for assisting in the dredging operations in Puducherry Port from 01.05.2017 onwards. On 06.05.2017 the said vessel met with an accident in the course of providing support services at Puducherry Port and it was covered under the policy. While lifting the anchor of the dredger and holding it above the water, the vessel encountered freak waves and swells from the shaft of the vessel and occasional strong wind caused her to roll heavily to the starboard side and all of a sudden the vessel got capsized. The boat has become a constructive total loss and cannot be repaired. The Coastal Police of Thengaithittu, Puducherry and the Port Department, Puducherry were duly informed about the accident on the same date itself. The Port Department and the Coastal Police have investigated about the accident and duly acknowledged it. The complainant intimated about the accident to the opposite party on 07.05.2017 through e.mail and over phone to Mr.Seduraman, Administrative Officer, the New India Assurance Co., Ltd., Nagapattinam D.O. On 12.05.2017 the agent of M/s. J.Basheer & Associates Insurance Surveyors and Loss Assessors Pvt. Ltd., Mumbai, appointed by the Opposite Party, to assess the loss, came to the accident spot, surveyed and assessed the situation. The said agent met the Coastal Police officers and Puducherry Port Authorities and collected information. At the time of survey the complainant provided all the information required by the agent of the opposite party. Subsequently, M/s. J.Basheer & Associates Insurance Surveyors and Loss Assessors Pvt. Ltd., Mumbai, asked for the accident details and the loss suffered by the complainant, vide letter dated 31.07.2017. The compl