Adamjee Lukmanjee V. The Yangtsze Insurance Association, Ltd.,

[PRIVY COUNCIL.]

Present: Lord Parker of Waddington, Lord Sumner, Sir Arthur Channell

ADAMJEE LUKMANJEE v. THE YANGTSZE INSURANCE ASSOCIATION, LTD.

D. C. Colombo, 39,215.

    Sale to plaintiff of teak logs by company outside Ceylon-Insurance effected by seller-bill of lading in favour of seller-Logs lost  between harbour-Action by seller against insurance company.

B company, by their agents at Colombo, sold to plaintiff, who was at Colombo, " 200 tons of teak , Shipment November- December, at the rate of 100 tons monthly. Payment, cash against documents." 144 logs, which constituted the first instalment under this contract, after being discharged over side ex steamship " Hild " at Colombo, were lost in a gale while still in raft. A policy of insurance was effected at their expense by B company, " as well in his or their own name as for and in the name and names of all and every person or persons to whom the same doth, may, or shall

appertain in part or in all." The policy covered 383 logs, of which only 144 were for plaintiff, and the remainder were for the account of R company. There was a separate Rill of lading made out to the order of the shippers (R company) for the 144 logs, and in it they were identified by the same marks as in the policy. Among the marginal clauses in the policy was one covering the ancillary risk  between ship and shore. The plaintiff sued the defendant (insurance company) upon the policy to recover the loss' in respect of the 144 logs. There was no assignment of the policy to the .plaintiff.

Held, that there was no evidence on which it could  be  found that the policy of insurance was effected on behalf of the plaintiff, or to cover his interest in the goods, and that plaintiff could not sue on the policy.

THE facts appear from the judgment. The Judgment of the of Supreme Court is reported in 3 Ceylon Weekly Reporter 134.

March 15, 1918. Delivered by LORD SUMNER:.-

In this case Mr. Adamjee Lukmanjee sued upon a policy of marine insurance to recover a loss in respect of 144 logs of teak wood, which, after being discharged over side ex steamship " Hild " at Colombo, were lost in a gale while still in raft. He succeeded, though on somewhat different grounds, Roth in the District Court of Colombo and in the Supreme Court of Ceylon. The insurance
company now appeals. -

The policy was effected at their own expense by the Bombay-Burma Trading Corporation, Limited, " as well in his or then-own name as for and in the name and names of all and every person or persons to whom the same doth, may, or shall appertain in part or in all," following the company's usual form of policy, and under these words Mr. Lukmanjee claims to have  been assured under the policy from the beginning, and entitled to sue as a party to it, subject to his having an insurable interest at the time of loss. There is no question here of any assignment of the policy. In fact, he had such an interest; for the logs, when lost, were his, so the question is, whether he was a party insured under this policy in respect of that interest, or, in other words, whether the Bombay- Burma Trading Corporation effected it in any measure on his behalf.

The Bombay-Burma Trading Corporation, by its agents at Colombo, had sold to Mr. Lukmanjee, who was also at Colombo, " 200 tons of Indian first class teak squares at 175 rupees per ton ex ship. Shipment November- December, at the rate of 100 tons monthly Payment cash against documents." The 144 logs constituted the first instalment under this contract, and it is common ground that, when they were discharged ex ship into the water, they had been paid for, and had become the property of the respondent.

Except in so far as it can  be  inferred from the transaction itself and the documents by which it was effected and carried out, there is no evidence to show with what intention the Bombay-Burma Trading

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