JUDGMENT

The Plaintiff is a company incorporated in Malaysia under the Companies Act 1965 . It was the registered owner of the steel Dumb Barge known as "Autorex 6" and also of the P & H 330 crane on board the said "Autorex 6". The Plaintiff took up a Marine Hull Insurance Policy No.99BTDH000004/HHHI/R100 dated the 26.03.1999 with the defendant to insure the said "Autorex 6 and the crane" against ordinary risk including the perils of the sea, river lake or other navigable water for RM200,000.00 in respect of the said "Autorex 6" and RM180,000.00 for the crane.

On the 25.10.1999 and while the policy was in effect, "Autorex 6 with the crane" and a load of timber logs was towed by Tug Boat Mark No.5 from Bintulu to the open sea for off loading to another ship that was anchored at Kuala Semanok. At the time when the said Mark No.5 and the Autorex 6 left for the sea the weather was fine and wind was normal. The weather deteriorated and at 6.30 p.m. "Autorex 6 with the crane" sank. The said "Autorex 6 and the crane" were not salvaged and arising from the loss the plaintiff claimed from the defendant under the policy.

The defendant disputed the claim. The defendant did not admit "Autorex 6"