SHASHIKALA J.AYACHI Vs. NEW INDIA ASSURANCE COMPANY LTD
LAWS(NCD)-2021-3-15
NCDRC
Decided on March 09,2021

Shashikala J.Ayachi Appellant
VERSUS
NEW INDIA ASSURANCE COMPANY LTD Respondents

JUDGEMENT

C.VISWANATH,J. - (1.) The present Consumer Complaint is filed by the Complainant under Section 21 (A) of the Consumer Protection Act, 1986. Complainant is engaged in the business of import and export in the name and style of M.S.V. Sea Queen, which is registered under the Merchant Shipping Act, 1958. Case of the Complainant is that she took Insurance Policy No.211600/22/10/01/00000041 for a sum of Rs.1,62,70,000/- (Rupees One Crore Sixty Two Lakhs and Seventy Thousand) from Opposite Party No.2, valid from 04.10.2010 to 03.10.2011. Opposite Party No.2 Insurance Company got the vessel surveyed and assessed by G.P. Dave and Sons. Surveyor gave the report that the vessel was free from damages and risk insurable was issued on 25.08.2010 by the said Surveyor. Subsequently, on 20.02.2011, vessel was issued an International Security Certificate under the provisions of International Code for the Security of Ship and Port Facilities by the Mediterranean Navel Survey Bureau.
(2.) On 10.03.2011, the insured vessel alongwith ten crew members left for voyage from Dubai to Mombasa. On 28.03.2011, the vessel reached Mombasa. On 21.04.2011 the vessel left for Djoubiti from Mombasa and on 05.04.2011, reached Djoubiti. Thereafter, on 21.05.2011 the vessel left for return journey to India from Djibouti. However, on 30.05.2011, when the vessel was between Oman and Pakistan, there was bad weather and rough tides, damaged the lower portion of the vessel and water entered inside, as a result of which, the vessel sunk. The crew members of the vessel sought help from another vessel, namely, MSV Chetak and saved their lives. Complainant informed the Opposite Party No.2/Insurance Company about the incident and the loss suffered by her, vide letter dated 31.05.2011. Complainant also informed the Port Officer at Mandvi and Marine Mercantile Department about the incident on 31.05.2011. Opposite Party No.2/Insurance Company informed its Head Office/Opposite Party No.1, vide email dated 01.06.2011 and requested for appointment of a Surveyor for investigation. On 03.06.2011, Opposite Party No.1 appointed Inchcape Shipping Services/Opposite Party No.3 as Surveyor.
(3.) On 03.06.2011, statements of crew members regarding the incident were recorded by the Superintendent of Customs, Mandvi. The Tandel of MSV Chetak also gave statement to the Superintendent of Customs, Mandvi. On 04.06.2011, statements of crew members were recorded by the Immigration Officer, Mandvi Police. Statement of Tandel of MSV Chetak was also recorded by him. Thereafter, correspondence continued between the Complainant and the Surveyor. All necessary documents were provided by the Complainant to the Surveyor. On 07.07.2011, the Surveyor informed the Complainant that they have not received the requisite information and sought for copies of information. On 08.07.2011, the Complainant forwarded again sent the information to the Surveyor. On 12.12.2011, Complainant sent email to Opposite Party No.3 that more than six months had elapsed but the Survey Report had not been submitted before Opposite Party No.1 and, therefore, the claim of the Complainant had not been settled. On 03.02.2012, Opposite Party No.2 forwarded the representation of the Complainant to Opposite Party No.1.;


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