SANGANI SURYANARAYANA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) -Heard learned Counsel for the parties.

(2.) According to the case of the complainant, at 10.00 p.m. on 11.1.1996, while allegedly insured fishing boat was engaged in operations at Kothapalem area the lascars got into the boat to bring crushed ice from fish hold to pour it in ice box, which was kept on the deck for cooling the prawns. It was noticed that inner premises was filled with water and the water was gushing into the boat from bottom of the hull. The driver checked all probable sources for leakage of water but could not conceive how the water was gushing in. The crew of the boat signalled with torch light to other boats which were conducting fishing at a distance but no boat came to their rescue. The driver navigated the boat towards the shore with a view to save it. As the sea water entered into the engine, the boat came to a halt. The boat was anchored to bail out the water unsuccessfully. The crew jumped into the sea and reached the shore with the help of empty oil cans. Gradually, that directed to the shore side, boat sank; grounded in a deep ditch near the shore of Kothapalem into the sea (after nearly 6 to 7 hours) between 4-5 a.m. on 12.1.1996. They reported the matter to the insurer and claimed the amount of compensation from the insurer.

(3.) The insurer repudiated the claim.