IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R.SUBBIAH PRESIDENT F.A. No.960 of 2024 [Against the order dated 29.11.2023 passed in C.C.No.35 of

2023 by the DCDRC, Cuddalore].

Monday, the 3^rd day of February, 2025 The Divisional Manager, M/s. United India Insurance Co. Ltd., Divisional Office -280600, Cuddalore – 607 001. … Appellant/Opposite Party - Vs –

Tmt.Rajamani, W/o S.R.Perumal, No.188-C, South Street, Sonangkuppam, Cuddalore District – 607 003. ... Respondent/Complainant For Appellant/Opposite Party: M/s.M.B. Gopalan & Associates For Respondent/Complainant: M/s. A.Palaniappan.

This appeal came up for final hearing today (03.02.2025), and on hearing the arguments of the counsel for the appellant and the Respondent and on perusing the material records, this Commission made the following Order in the Open Court:-

O R D E R

R.SUBBIAH. J, PRESIDENT (Open Court)

This appeal has been filed by the opposite party under Section 41 of the Consumer Protection Act, 2019, as against the order dated 29.11.2023 passed in C.C.No.35 of 2023, by the District Consumer Disputes Redressal Commission, Cuddalore, allowing the complaint filed by the Respondent herein in part.

2. Appellant is the Opposite Party and the Respondent is the Complainant before the District Commission. For the sake of convenience, the parties will be referred in the course of this order as per their respective rankings before the District Consumer Disputes Redressal Commission, Cuddalore.

3. The case of the complainant before the District Commission is that, the complainant owned a Marine vessel named M.S.V.SRP RAJAMANI. For the said vessel the complainant had availed Hull and Machinery Policy-Sailing Vessels (Total loss), bearing Policy No. 28060002221 P105558015 from the opposite party for the period from 14.09.2021 to 13.09.2022. The total premium is Rs.1,79,304/- in that the complainant had paid First Instalment of Rs.46,064/- as per the norms of the opposite party. While so, on 13.11.2021, the vessel of the complainant was departed from Calicut Port destined to Minicoy, while upon departure “The Bureau of immigration, Calicut Sea Port had conducted an inspection on the vessel and its crew members and cleared the vessel to depart from Calicut Sea Port on 13.11.2021. At the time of departure, the two engines were in good working condition, the vessel was seaworthy as per the certificate of inspection of a sailing vessel dated 31.10.2019. The complainant’s vessel also loaded with cargo including valuable goods worth several lakhs i.e. 60 tons of jelly, 60 tons of M-sand, 18 tons of packet sand, 2500 hollow bricks, 25 tons of provisions, 4 tons of steel, 100 box of hardware, 3 cycles, 1 motorcycle, 3 washing machines, 25 G.I. sheets, 100 oil tins, bags of onion and 2 tons of vegetable. The weather conditions were visibly good. But, unfortunately, upon reaching a distance of 130 miles from the Beypore Port on the morning of 14.11.2021, due to strong sea winds and rough sea the crew member of the vessel of the complainant could not proceed further and decided to head back to the Beypore Port. But, unfortunately, the sea water started to enter in an uncontrolled manner and over flown into the vessel’s engine room and went into the engine room, despite the keen efforts of the crew member of the vessel to pump out the seawater using double pumps and in about 50 miles from the Beypore Port, one of the pump stopped working and the crew had continued the rest of return voyage on strand of single seawater pump. In about 30 miles from the Beypore Port, last seawater pump could not pump out the uncontrollable entry of seawater and the vessel’s engine was stopped working and the crew was left helpless. Due to strong sea winds, the vessel was aground at Koottayi Beach in Malapuram District in Kerala. The vessel’s crew member was rescued by the locals in ashore. The Tirur Police Station officer had picked the crew members. On 15.