VASANTHAM MARINE FISHERIES Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) F .A. 1606/08 has been preferred by the complainant dissatisfied by the order of the Dist Forum -II, Visakhapatnam in C.C. No. 531/06. F.A. 1062/2009 has been preferred by the opposite parties aggrieved by the order in the same C.C. 531/06. Since both these appeals arise out of common C.C. they are being disposed of by this common order.

(2.) THE brief facts as set out in the complaint are that the complainant is a firm being run by partners Mr. T. Leyola Marinstine Fernando and Mrs. P. Maria Malar Sabastian, who are son and mother respectively and they started the said business as part of their self -employment to earn their livelihood and they authorized one Sebastian Fernando who is none other than father of the 1st partner and husband of the 2nd partner of the firm respectively to run the business. The complainant owned mechanized fishing trawler by name VASANTHAM bearing No. FVSM 280 and it was duly registered at the port of Visakhapatnam on 24.5.2001 under Merchant Shipping Act, 1958 and the said trawler is insured with the opposite party for Rs. 15 lakh under Marine Hull policy bearing No. 433200/104/208/MH/52/04 for a period of three months commencing from 5.7.2003 to 4.10.2003. Opposite party got the boat surveyed by Pinnacle Marine Service Surveyors, satisfied with its seaworthy condition before issuing the said policy. One Mr. Ramesh of M/s. Balaji Marines is the lessee for operation of the said boat and he had proposed for the said marine policy and he also obtained a separate policy from the opposite party to cover the risk of its crew under policy bearing No. 2004/63 dated 3.6.2003 in respect to the same boat.

(3.) THE complainant firm sailed the boat on 4.6.2003 for first fishing voyage and on 14.7,2003 they started sailing for second voyage from the fishing harbour of Visakhapatnam with nine -member crew for fishing voyage and the names of the crew members are: