IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R.SUBBIAH:PRESIDENT F.A. No.390 of 2023 [Against the order dated 01.03.2023 passed in C.C.No.12 of

2021 by the DCDRC, Cuddalore].

Thursday, the 15^th day of May, 2025 The Divisional Manager, The New India Assurance Co. Ltd., Bharathi Road, Cuddalore. … Appellant/Opposite Party - Vs –

M.Surya Segari, W/o Mariappan, No.1, E.B. Colony, Cuddalore O.T. – 607 003. ... Respondent/Complainant For Appellant/Opposite Party: M/s.S.Dhakshnamoorthy For Respondent/Complainant: M/s. S.Rajendra Kumar This appeal came up for final hearing on 30.10.2024, 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:-

O R D E R

R.SUBBIAH. J, PRESIDENT This appeal has been filed by the opposite party under Section 41 of the Consumer Protection Act, 2019, as against the order dated 01.03.2023 passed in C.C.No.12 of 2021, 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 is the owner of a Cargo Sailing Vessel built at Cuddalore Port in the year 2008, named as “M.S.V.SURYA SEGARI”, which has been duly registered on 24.12.2008 at the Port of Cuddalore under the Merchant Shipping Act, 1958. The official number of sailing cargo vessel is CLR.177. The complainant had availed an Hull Machinery Insurance Policy No.71280022170100000001 with the opposite party company, The New India Assurance Co. Ltd., on 26.12.2017 for a period from 26.12.2017 to 25.12.2018, by paying premium of Rs.90,270/-. The complainant cargo sailing vessel “M.S.V.SURYA SEGARI” was berthed in South Wharf at old Port Mangalore in Karnataka for business purpose. The vessel was anchored within quarter nautical miles. While so, on 2nd October 2018 at around 01.00 hours, the weather deteriorated at Managlore. Due to strong winds coupled with sea waves banged the vessel on the concrete jetty, resulting in damaging the wooden hull. Due to severe damage in vessel on the starboard side, wooden hull was holed and water ingresses occurred. The cargo sailing vessel capsized due to heavy gales and rough sea condition. After receiving the information about the incident from the Master/Tendal Mr.Prabakaran and vessel Agent Mr.Muhmad Bava, the complainant immediately informed about the incident to the opposite party company and requested the opposite party company to make an inspection as soon as possible. But there was no response from the opposite party company side. In the meantime the Old Mangalore Port Authority officials called the complainant and pressurized her to remove the cargo sailing vessel from the place as early as possible because cargo sailing vessel was blocking the berth. Hence, without any other option the complainant appointed Mr.Javed, a local diver for salvage operation. Mr.Javed and his team of 6 diving persons along with 44 labourers were working for nearly 11 days to pump out water from the sunken vessel. Subsequently they moved the cargo sailing vessel to workshop for repairs. The complainant spent a huge sum of Rs.25,00,000/- to shift the cargo sailing vessel from the port. The complainant once again contacted the opposite party company and explained about the pressure imposed by the Port authority and asked them to carry out the inspection procedure very soon. To make a proposal about the loss assessment to the opposite party company, the complainant herself arranged a private inspection team for initial inspection. On 12.12.201