Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

(1)          This complaint is filed by Complainant firm along with its partner claiming insurance claim from Opposite Party insurance company.  According to Complainant it had purchased the barge Kena-1 from Ghai Shipping Transport Private Limited.  Previously the barge was called ABC.X, but, Complainant changed the name from ABC.X to Kena-1 and received approval for the change of name from Mercantile Marine Department on 05.03.1991.  Barge was registered at Port of Mumbai.  It was having Registration No.B-6945.  It has got registered for 274.53 tons.  The certificate of registration has been issued by The Registrar of Indian Shipping Mumbai on 28^th June, 1991, the copy of the certificate of registry is annexed at Exhibit-C.   It is the case of the Complainant that in May, 1992 barge was to be towed from Mumbai to Rozi Port, Jamnagar, Gujarat.  It was being towed by vessel called Dhanprasad.  Accordingly on 20^th May, 1992 a valuation report in respect of the barge was prepared by Dave & Associates, registered marine surveyors.  They valued the barge at about `19,50,000/-.  They opined that barge was in seaworthy condition.  The said Dave & Associates inspected Dhanprasad vessel which was to tow Kena-1 and found that Dhanprasad was also in seaworthy condition.  Similarly, the Complainants also made the barge undergo an Ultrasonic  Survey on 21.05.1992, a copy of which is at Exhibit-G.  On 22<sup>nd</sup> May, 1992, the Complainants got Kena-1 insured with the Oriental Insurance Company Limited, for its voyage from Mumbai to Jamnagar under towing by country craft Dhanprasad and insurance was taken for assured sum of `19,50,000/- in respect of Hull and machinery and they had paid total premium of `16,257/-, a copy of Insurance policy dated 22.05.1992 is annexed and marked as Exhibit-H.  On 22.05.1992 Dhanprasad along with Kena-1 left Mumbai port for Jamnagar.  During voyage the part of the machine called manifold broke down and hence on 27.05.1992 the vessel was taken to veraval port.  The Complainant immediately informed this fact to insurance Company.  At veraval the machine was repaired and thereafter, after getting ship clearance from Veraval on 02.06.1992 it started to proceed its journey to Roziport Jamnagar.  On way to Jamnagar the connected shed and the Hedni valve start of the engine broke down due to which on 04.06.1992 the barge along with the vessel was taken to Mangrol.  After repairs on 12.06.1992 the vessel along with barge proceeded to Jamnagar.  At 05.00 p.m. the vessel left Mangrol when the sea was calm and weather was peaceful.  However, at midnight sea became violent and a strong wind started blowing from the western direction.  Due to this and on account of natural causes, the connection between the vessel and the barge broke down and barge started getting dragged towards Mangrol.  The Tandel and other crew of the vessel changed the direction of the ship and tried to catch the barge, but because of bad weather they could not succeed.  On 13.06.1992 the barge which was adrift and landed on shore near the Mangrol port.  But, there was shallow water and therefore vessel Dhanprasad could not reach the barge.  The crew members of the barge jumped out