NATIONAL INSURANCE CO LTD Vs. TRESIA LILLY

JUDGEMENT

(1.) Complainant was the owner of a fishing trawler which was with the appellant National Insurance Company Ltd. covering the period between 5.2.1993 and 4.5.1993 for which Rs. 9,800 were paid as premium. It was renewed for another period of three months i.e. upto 4th August. 1993, by paying premium of Rs. 7,200. Again it was renewed on 4. 8. 1993 for a further period of three months by paying premium of Rs. 7,200. It is contended that on 21st July, 1993, while the traler had gone into the deep sea for fishing. Suddenly the sea became rough and the trawler along with several boats were capsized causing injury to several fishermen. It is contended that in all four vessels sunk and the said accident was widely reported in the Press.

(2.) The crew-members of the vessel were rescued and given treatment in the hospital at Kollam. FIR was lodged at the Police Station, Ochira, regarding the incident on 22nd July, 1993, information was sent to the Insurance Company and the Port Officer.

(3.) According to the Surveyor's report, the vessel was purchased in October, 1992 and was registered at Neendakare on 11.11.1992. In conclusion they have recommended that the claim may be processed basing on the final report issued by the Police after completing their investigations. No doubt, it has also recommended that, if necessary, thorough investigation may be made by a professional investigator. Thereafter, the Insurance Company appointed an investigator who submitted his report and doubted the version given by the complainant with regard to sinking of the boat. On the basis of some inconsistencies in timings of the incident in the statements made by the crew members. But the investigator as well as the Surveyors have not doubted the sinking of the boat.