ORIENTAL INSURANCE CO. LTD. Vs. KAMADI NOOKARAJU

JUDGEMENT

(1.) Shri Kamadi Nookaraju, the complainant herein, is a boat operator -cum -owner of a fishing boat. He obtained an insurance policy from OP -Oriental Insurance Co. Ltd., for a sum of Rs. 8 lakh, for his fishing boat. It was for the period from 27.7.1994 to 26.7.1995. The boat was sailed out for fishing on 10.11.1994. While moving ahead, on 22.11.1994, the boat got jolts with heavy bump and the water ingressed into the boat and the boat got drowned. The complainant submitted the claim to the Insurance Company, which was repudiated. Hence, the complainant filed a complaint before the District Forum, Kakinada. The District Forum, on 10.10.2007, dismissed the complaint, on the ground that the complainant had failed to discharge the burden of proof to prove that the proximate cause of loss of boat was due to peril of sea.

(2.) The said order of District Forum was challenged by the complainant by way of first appeal before the State Commission, Hyderabad; which was allowed by order dated 31.8.2009 and directed the OP/Oriental Insurance Co. Ltd. to pay a sum of Rs. 8 lakh with interest @6% per annum and costs of Rs. 3,000.

(3.) Therefore, aggrieved by the impugned order, the opposite party preferred this revision petition.