ORDER

1.      Heard Mr. Abhay Mahajan, Advocate, for the complainant and Mr. Pankaj Seth, Advocate, for the opposite party.

2.      M/s. K.G.N. Ore Carrier (the Insured) has filed above complaint, for directing Oriental Insurance Company Limited (the Insurer) to pay (i) Rs.15000000/- with interest @15% per annum from 02.05.2011 till the date of payment, as insurance claim; (ii) Rs.190403/-, towards sue and labour cost; (iii) Rs.349069/-, towards cost of adjuster’s service; (iv) litigation costs; and (v) Any other relief, which is deemed fit and proper in the facts and circumstances of the case.

3.      The facts as stated in the complaint and emerged from the documents attached with it, are as follows:-

(a)     M/s. K.G.N. Ore Carrier (the Insured) was a partnership firm, registered under Partnership Act, 1932. The Insured was the owner of several barges in the State of Goa and used to let it for carrying Iron Ore lumps or fines, from the various loading points in State of Goa or the Panaji Port, for the purposes of onward loading on various ships, calling at the said ports for export of such lumps or fines. The Insured was owner of one such barge, named as “M.V. Noor IV”, which was built of steel materials in the year 1984, having gross tonnage capacity of 642.50 MT, which was jumboized in the year 1992, increasing its tonnage capacity to 671.34 MT and carrying capacity (dead weight tonnage) of 1100 MT and registered with the Caption of Ports, Government of Goa, Panaji under Registration No.PNJ 137 as an inland vessel. The Insured purchased the said barge, in November, 2007, from its previous owner and got its name changed from “M.V. Jay” to “M.V. Noor IV”. The name of the Insured and changed name of the barge were duly registered in the Registration Certificate. For the purpose of plying the said barge in inland water of Goa, the Insured obtained “Certificate of Survey” from the Caption of Ports, Government of Goa, Panaji, which was renewed time to time and on the date of incident, it was valid. The Oriental Insurance Company Limited (the Insurer) is a public insurance company and used to provide insurance services to the general public. The Insured obtained “Hull & Machinery Insurance Policy No.163100/22/2010/232, for a period of 23.01.2010 to 22.01.2011, for Rs.15000000/-, from the Insurer, which was renewed for a period of 23.01.2011 to 22.01.2012, vide Policy No.131700/22/2011/270, for sum of Rs.15000000/-.

(b)  The barge “M.V. Noor IV” was loaded with 1100 MT of Iron Ore fine at Sinari Jetty on 08.02.2011. The barge proceeded from Sinari Jetty to Panaji Port anchorage on 08.02.2011 at 17:15 hours, where Iron Ore fine had to be unloaded on the ship “M.V. Dariya Vishnu”. The barge reached alongside the said ship “M.V. Dariya Vishnu” at 23:00 hours on 08.02.2011. However by that time the said ship had already completed loading. Therefore, the master of barge was instructed to go to berth No.9 at Mormugao Port, where the barge reached on 09.02.2011 at 12:00 hours. The master of the barge was instructed by the hirer on 20.02.2011 to proceed Panaji anchorage for discharge of Iron Ore fine on another ship “D.D. Vigour”.

(c)     The barge reached alongside the said ship “D.D. Vigour” at 11:00 hours on 20.02.2011. By the time, the barge reached alongside the said ship “D.D. Vigour”, sea condition had become bad due to bad weather. Due to which, the ship started rolling and the hull of the ship and the barge were coming in contact to each other. Because of banging of the barge with the ship, the master moved the barge away from the ship and anchored the barge in the close vicinity of the ship at 23:00 on 20.02.2011, by releasing the ropes. At the same time a loud cracking sound was heard from mid ship area of the barge. The master found that the barge was breaking up from the mid ship area and front part of the barge was sinking. The master immediately instructed the crew members to wear life jacket and save their life. The ship “D.D.