Marine Insurance Act, 1963

Sea Lark Fisheries, the owner of the vessel 'Sea Lark', obtained a marine insurance policy from United India Insurance through its bank. The vessel sank and the insurer repudiated the claim, alleging non‑seaworthiness and material non‑disclosure of facts such as the qualifications of the master and crew. The High Court…

Leisure Wear Exports Ltd. (the respondent) purchased an open marine cargo insurance policy from United India Insurance Co. Ltd. (the appellant) and later suffered loss of goods during transit to Moscow. The loss was reported, and the consignee (M/s Magna Overseas) authorized the respondent to file a claim. The responde…

The appellant Oriental Insurance Company insured Mis Ozma Shipping Company's vessel for Rs 21.5 lakh after its own surveyor valued the ship at that amount. The vessel sank with cargo, and the insured claimed the full sum. The insurer offered only Rs 15 lakh, alleging the valuation was excessive. The National Consumer D…

Bihar Supply Syndicate bought salt from United Salt Works and arranged its shipment from Kandla to Calcutta via a chartered vessel. The cargo was insured for Rs 9.5 lakh under a marine policy with Institute Cargo Clauses (FPA) covering warehouse‑to‑warehouse risks. The vessel suffered engine trouble, was towed to Visha…

The appellant, a carrier, appealed against a complaint filed by the assured (a consignor who was also a consumer) and the insurer under the Consumer Protection Act, 1986, seeking compensation for loss of a consignment. The goods were insured, the insurer paid the assured, and the assured executed a Letter of Subrogatio…

The complainants, exporters of rugs, insured multiple consignments shipped from India to the United States under "warehouse‑to‑warehouse" marine policies covering all risks. The buyer failed to pay and the original documents of title were not presented, leading the exporters to claim loss of the consignments before the…

Hind Offshore Pvt. Ltd. chartered the vessel M.V. Sea Panther and obtained a marine hull insurance policy from IFFCO‑Tokio covering the period 09.11.2006‑08.11.2007, which required a class warranty. The vessel had suffered engine damage during the preceding policy year, for which the insurer paid an advance, but the re…

New India Assurance Co. Ltd. issued two marine insurance policies to cover consignment of computer waste from Antward to Bombay. The vessel was diverted to Muscat due to a port strike and the insurer stipulated that the goods must be re‑shipped within 60 days, otherwise liability would cease. The goods were not re‑ship…

The appellant, a cargo importer, obtained a marine cargo cover note and later a policy from the respondent insurer for a shipment carried on the vessel Khalijia‑III. The vessel was not classed with an IACS‑member society as required by the Institute Classification Clause (ICC) and the appellant failed to give prompt no…

The appellant company insured logs against non-delivery with the respondent insurance company. The ship carrying the logs became stranded at Singapore and offloaded cargo, leading to a claim for constructive total loss. The insurer repudiated the claim, and the appellant filed suit. The Single Judge decreed the suit, b…

The appellant United India Insurance issued a Standard Fire & Special Perils (SFSP) policy to Levi Strauss (India) for fire loss, while Levi also held a global Open Marine Insurance (STP) policy issued by Allianz covering the same goods. After a fire, Levi claimed under the SFSP policy, but the insurer denied liability…