KARSANBHAI RANCHHODBHAI TANDEL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) APPELLANT was the complainant before the State Commission where he had filed the complaint alleging deficiency in service on the part of the respondent - Oriental Insurance Company.

(2.) BRIEFLY stated the facts of the case are that the appellant who was the owner of a fishing boat named 'msv Gomti Maa' bearing Registration No. BLS-3921 had taken Marine Hull Insurance Policy for Rs. 10. 00 lakh from the respondent-Oriental Insurance Company for the period 10. 8. 1993 to 9. 8. 1994. It was the case of the appellant/complainant that the insured boat sailed from Bulsar under Port Clearance No. 41 dated 6. 8. 1993 for Bombay on 11. 8. 1993. Weather was good for navigation at that time. However, after sailing for nearly more than two hours from Bulsar to Bombay, the weather suddenly changed and stormy winds and stormy waves started. The crew did whatever was possible to keep the boat under control but the sea water entered the lower portion of the boat, as a result of which, it sank in the sea on 11. 8. 1993 at around 12. 00 noon off Bubar (a place on the route from Bulsar to Bombay ). It was the case of the appellant/complainant that the crew was saved by another boat named 'karunasagar'. The incident was reported to the opposite party who appointed Surveyor based on which the Insurance Company repudiated. the claim on flimsy and unsustainable grounds. It is in these circumstances a complaint was filed before the State Commission where the matter was contested by the respondent/ opposite party and the State Commission after hearing the parties and perusal of material record dismissed the complaint with cost of Rs. 10,000 payable by the appellant/complainant. It is in these circumstances, this appeal has been filed before us.

(3.) DESPITE notice issued on 19. 12. 2007 for 23. 1. 2008, none is present from the appellant side. Since, even at second call no one appeared, we go in passing this order based on the material record.