M.THANIKACHALAM J. - (1.) The opposite parties are the appellants.
(2.) The respondent/complainant, who is the owner of the fishing vessel called "Pushpa Malar" bearing Registration No.ALP.3189, had insured the same for Rs.5 lakhs under the Policy No.720505/22/02/00020. The said Vessel while in the fishing operation at Kerala waters, sunk due to an accident on 27.8.2003 and its crew members who had jumped out of the Boat, where rescued by a Boat called "Selvial" and the crews who were injured also treated in the hospital.
(3.) The attempt of the complainant for the salvage of the boat failed, and the accident was informed to the Insurance Company who had deputed a Surveyor to settle the genuine claim, but despite the clarification submitted by the complainant even to the second surveyor, after a lapse of one year and seven months, the claim was repudiated without assigning proper reason though the second surveyor appointment is not maintainable.;