THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. Vs. HYCENTH YESUDAS
LAWS(KERCDRC)-2010-5-11
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 31,2010

The Divisional Manager, New India Assurance Co. Ltd. Appellant
VERSUS
Hycenth Yesudas Respondents

JUDGEMENT

K.R.UDAYABHANU, PRESIDENT - (1.) THE appellant is the opposite party/New India Assurance Company Ltd. in OP 478/98 in the file of CDRF, Alappuzha. Appellant is under order to pay a sum of a sum of Rs.l,90,000 towards the insurance claim and compensation of Rs.5,000 with interest at 18% from 2.12.1992 (the date of payment of compensation to the owner of the sunken vessel).
(2.) THE case of the complainant is that his fishing boat by name Kalpana covered under the policy of the opposite parties collided with another boat by name SNV in the deep sea near Neendakara on 4.9.1992 at 6 a.m. The sea was calm at the time. As a result of the hit SNV boat sunk into that sea. The sunken boat was not having any insurance. The police registered the crime. Opposite party repudiated the claim on the ground that the complainant violated the terms of the policy as the boat was taken into the sea when the adverse weather warning was in force and also on the ground that the boat Kalpana was not having the registration certificate. The above contentions are incorrect. The complainant was forced to pay Rs.1,90,000 as compensation to Mr. M. Terrence, owner of the sunken vessel.
(3.) THE opposite party has filed version rising the same two contentions mentioned in the repudiation letter as well as it was contended that the assured vessel was not having a valid license at the time of the accident and hence the complainant has violated the policy conditions. The complaint was dismissed by the Forum at first and in appeal No.918/97 this Commission set aside the order of the Forum and remitted the matter back for re - considerafion.;


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