ORIENTAL INSURANCE CO LTD Vs. SHANTABEN NARANDAS LODHARI

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and decree rendered by the Ld. Civil Judge [S.D.] Porbandar on 6/8/1991 in Special Civil Suit No. 20/1983. One Narandas Dhanji Lodhari filed above suit against the appellant herein - Oriental Fire and General Insurance Co. Ltd., which was defendant no. 1 and respondent no. 2 herein Director of Ports, Gujarat State, which was original defendant no. 2 in the suit for recovery of the sum of Rs.14,80,000/- from the appellant - defendant no. 1 - insurance company with running interest at the rate of 12% p.a. from the date of the aforesaid suit till the realization of the amount. The trial Court, after considering the oral and documentary evidence adduced in the record of the aforesaid suit, by impugned judgment and decree dated 6/8/1991 allowed and decreed the suit in toto and directed the appellant - defendant no. 1 - insurance company to pay Rs.14,80,000/- to the heirs of deceased original plaintiff - Narandas Dhanji Lodhari being the respondents nos. 1/1 to 1/5 [the original plaintiffs nos. 1/1 to 1/5] with running interest at the rate of 12% p.a. Since the vessel [ship] in question was hypothecated with the Director of Ports, Gujarat State, the trial Court directed that out of the amount to be recovered from the appellant - defendant no. 1 insurance company, Rs.4,80,000/- with interest as per the terms and conditions of the hypothecation deed be paid to it.

(2.) The brief facts leading to the filing of the appeal are as under :

(3.) We have heard the arguments advanced by learned advocate Mr. A R Mehta for the appellant - defendant - insurance company and learned advocates Mr. Premal Joshi, Mr. P.G. Desai and Mr. P.R. Nanavati for the respondents.