NEW INDIA ASSURANCE CO LTD Vs. JOHN FERNANDES

JUDGEMENT

(1.) THIS first appeal is directed against the order dated 14.7.94 passed by the Goa State Commission allowing the complaint and directing New India Assurance Co. Ltd., appellant herein to settle the complainants claim for Rs. 10.00 lakhs and pay it within 30 days to the complainant alongwith interest at the rate of 18% from 10.6.92 till realisation.

(2.) THE facts may briefly be noticed. Late Manuel A. Fernandes, father of the complainant was the owner of the fishing trawler Aureliana which was registered under the Directorate of Fisheries under Registration No. MPR -744 -DF (GOA)/1988. The trawler was insured for a sum of Rs. 10.00 lakhs for the period 9.4.91 to 8.7.91 and was further renewed for a period from 7.7.91 to 8.10.91. The Marine Policy Bearing No. 2211150420259/91 was issued by the appellant herein in respect of the said vessel for the terms and conditions contained therein. As per the Weather Warranty attached to the said policy, it was stipulated 'Trading Warranty -warranted vessel engaged in fishing and operations connected therewith on the coasts of Gujarat, Maharashtra and Goa with leave to proceed upto Karwar and not beyond 50 Nautical miles into the sea from shore. Warranted vessel laid - up from 15th June to 15th August (b.d.i.) with leave to operate on the coasts of Saurashtra and Kutch during this period'.

(3.) THE State Commission referred to the letter dated 1.8.91 issued by the Vijaya Bank as well as the pay order, the receipt of the premium issued by the Insurance Company and the acceptance of the additional premium of Rs.10,735/ -. It came to the conclusion that the warranty clause prohibiting the use of trawler during the month of June to August was thus revoked on the acceptance of additional premium. The State Commission also came to the finding that the incident occurred on 3rd of August, 1991. The State Commission directed the appellant herein to settle the claim for Rs. 10.00 lakhs with interest at the rate of 18% per annum from 10.6.92 till realisation.