AJABHA VIRAMBHA MANEK Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The complainant who is appellant in FA/233/2011 owned a Dumb Barge, which was used for transporting material from the port to the ships. The said Barge had been got insured by the complainant with the National Insurance Co. Ltd. appellant in FA/420/2011 and respondent in FA/233/2011, for the period from 19.9.2001 to 18.9.2002, for a sum assured of Rs.27 lakhs. The aforesaid Barge sunk on 9.10.2001 between Okha Port and Encourage point. The case of the complainant is that the Barge was hit by the propeller of a ship, namely, MV Jagvikas which led to its getting sunk. A claim in terms of f the insurance policy having been lodged with the insurer, M/s JB Boda Surveyors Pvt. Ltd. were appointed as the surveyors. They submitted an interim report dated 17.9.2001 followed by a final report dated 29.11.2004. The claim, however, was repudiated vide letter dated 3.2.2006 which to the extent it is relevant, reads as under:-

(2.) Being aggrieved from the repudiation of the claim, the complainant approached the concerned State Commission by way of a consumer complaint. The complaint was resisted by the insurer primarily on the ground that the Barge had not sunk due to any of the perils of the sea.

(3.) The State Commission vide order dated 25.2.2011 directed the insurer to pay a sum of Rs.18,50,000.00 to the complainant alongwith interest @ 9% p.a. w.e.f. 3.2.2006. Being aggrieved from the order passed by the State Commission, the insurer is before this Commission by way of FA/420/2011. Since the complainant is also dissatisfied with the quantum of the compensation awarded to it, it has approached this Commission by way of FA/233/2011.