AMIRALI A MUKADAM Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) These two appeals arise from a common order passed by the State Commission wherein Mr. Amirali A. Mukadam (appellant in FA No. 11 / 2006) was the complainant and United India Insurance Company Ltd. (appellant in FA No. 95 / 2006) was the opposite party.

(2.) Briefly stated the facts leading to filing the complaint were that the complainant owned a vessel, namely, M.S.V. Safina Al-Amir, which was insured with the United India Insurance Company Ltd. for a sum of Rs. 30 lakh for the period from 16.12.1993 to 15.12.1994. The vessel started its journey from Dubai to Mumbai on 5.7.1994. After two days in the sea due to bad weather, it took shelter at Khorgram Port and upon noticing improvement in the weather condition, the vessel re-started sailing, but again due to bad weather the engine of the vessel stopped working. At this stage the strong currents and the wind swept the vessel away on account of which it got stranded in sand soil in broken and damaged condition on 16.7.1994 with great difficulty and with the help of other fishing boats, the crew members could save their lives but could not save the vessel. The incident was reported to the Insurer, who appointed the Surveyor who submitted report on 11.4.1995 and after a delay of over 11/2 year and the Insurer paid an amount of Rs. 28,99,357on 8.11.1996 in full and final settlement. The complainant was not satisfied with this but had to accept this amount on account of his business suffering loss due to non--availability of the claimed amount, and immediately on the next working day a further claim was lodged with the Insurance Company but when this was repudiated, a complaint was filed before the State Commission, who after hearing both the parties and perusal of material on record passed the following order:

(3.) Aggrieved/not satisfied with the relief given, both the parties filed two separate appeals before us. First Appeal No. 11/2006