JAGADAM BHAIRAVA MURTHY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Appellant was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondent, Oriental Insurance Co. Ltd. (hereinafter referred to as Insurance Company).

(2.) Very briefly stated the facts leading to filing the complaint were that the appellant/complainant who was the owner of a fishing boat bearing registration No. KKD 1288, was insured with the respondent-Insurance Company for a sum of Rs. 1,50,000 for the period from 12.12.1987 to 11.12.1988. It is the case of the complainant that on 4.12.1988 while boat was engaged in fishing operations off the coast of Annavaram in East Godawari District, the boat sank at about 1.00 p.m. on 4.12.1988. It is the case of the complainant that they were rescued by another boat bearing registration No. KKD 1028. It is noteworthy to mention here that the owner of the Boat No. KKD 1288 was himself driving the boat along with four other crew members. The matter was reported to all concerned including the respondent-Insurance Company, who appointed a Surveyor who after detailed investigation and visiting the spot along with complainant submitted his report on 4.3.1989 with the remark that "the reported total loss of fishing vessel KKD 1288 may not be true". Based on this report as also exchange of correspondences and after verification, the claim was repudiated by the respondent-Insurance Company on 29.7.1991. It is in these circumstances, a complaint was filed before the State Commission, who after hearing the parties and perusal of material on record especially the report of the Surveyor dismissed the complaint, hence this appeal before us.

(3.) We heard the learned Counsel for the appellant and perused the material on record.