KALYANJI JETHALAL SHAH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The complainant-M/s. Kalyanji Jethalal Shah had purchased a Ship 'M.V.CHANDA' for breaking. A Marine Hull Policy was issued by National Insurance Co. Ltd. for the journey of the ship from Bombay Harbour to Powder Works Bunder Darukhana Ship Breaking Yard by Towing. In the cover note the interest insured was stated as under :

(2.) Since there is some dispute about exact language used in the policy it will be useful to refer to the questionnaire filled in by the complainant before issuance of the policy. In the column 'Risk against which Insurance granted', the words 'By towing voyage only', are hand-written. The complainant has also annexed a standard form of Institute Voyage Clauses, Hulls. This is headed with phrase "This insurance is subject to English law and practice". Under the column 'Perils' it is written : 4. Perils

(3.) The complainant has stated that the risk covered under the policy included "any risk arising due to fire". The opposite party has strongly denied the allegation and has alleged that the words "any risk arising due to fire" were not to be found in the original insurance policy and were interpolations made by the insured.