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Start Free TrialMarine Insurance Act, 1963 Section 56
Title: Partial and Total Loss
State: Central
Year: 1963
(1) A loss may be either total or partial. Any loss other than a total loss, as hereinafter defined, is a partial loss. (2) A total loss may be either an actual total loss, or a constructive total loss. (3) Unless a different intention appears from the terms of the policy, an insuranace against total loss includes a constructive, as well as an actual, total loss. (4) Where the assured brings a suit for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss. (5) Where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any is partial and not total.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 66
Title: General Average Loss
State: Central
Year: 1963
(1) A general average loss is a loss caused by or directly consequential on a general average act. It includes a general average expenditure as well as a general average sacrifice. (2) There is a general average act where any extraordinary sacrifice or expenditure is voluntarily and reasonably made or incurred in time of peril for the purpose of preserving the property imperilled in the common adventure. (3) Where there is a general average loss, the party on whom it falls is entitled, subject to the conditions imposed by maritime law, to a rateable contribution from the other parties interested, and such contribution is called a general average contribution, (4) Subject to any express provision in the policy, where the assured has incurred a general average or expenditure, he may recover from the insurer in respect of the proportion of the loss which falls upon him; and in the case of a general average sacrifice, he may recover from the insurer in respect of the whole loss without having enforced his right of contribution from the other parties liable to contribute. (5) Subject to any express provision in the policy, where the assured has paid, or is liable to pay, a.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Section 96
Title: Writing off of Losses
State: Central
Year: 1963
.....not exceed, in any individual case and in the aggregate in any year, such amounts as the Central Government may, from time to time, by order, fix and different amounts may be fixed with respect to different Boards.] ________________________ 1 . Substituted by the Major Port Trusts (Amdt.) Act (17 of 1982), S. 15 (31-5-1982). 2 . Substituted for the words "such amount or loss does not exceed, in any individual case, one thousand rupees 'or in the aggregate in any one year, twenty thousand rupees; and in every such case the Chairman shall make a report to the Board giving reasons for such sanction," by the Major Port Trusts (Amendment) Act (17 of 1982), Section 15 (31-5-1982).
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 55
Title: Included and Excluded Losses
State: Central
Year: 1963
(1) Subject to the provisions of this Act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril insured against. (2) In particular-- (a) the insurer is not liable for any loss attributable to the wilful misconduct of the assured, but, unless the policy otherwise provides, he is liable for any loss proximately caused by a peril insured against, even though the loss would not have happened but for the misconduct or negligence of the master or crew; (b) unless the policy otherwise provides, the insurer on ship or goods is not liable for any loss proximately caused by delay, although the delay be caused by a peril insured against; (c) unless the policy otherwise provides, the insurer is not liable for ordinary wear and tear, ordinary leakage and breakage, inherent vice or nature of the subject-matter insured, or for any loss proximately caused by rats or vermin, or for any injury to machinery not proximately caused by maritime perils.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 61
Title: Effect of Constructive Total Loss
State: Central
Year: 1963
Where there is a constructive total loss the assured may either treat the loss as a partial loss, or abandon the subject-matter insured to the insurer and treat the loss as if it were an actual total loss.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 77
Title: Successive Losses
State: Central
Year: 1963
(1) Unless the policy otherwise provides, and subject to the provisions of this Act, the insurer is liable for successive losses, even though the total amount of such losses may exceed the sum insured. (2) Where, under the same policy, a partial loss, which has not been repaired or otherwise made good, is followed by a total loss, the assured can only recover in respect of the total loss: Provided that nothing in this section shall affect the liability of the insurer under the suing and labouring clause.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 60
Title: Constructive Total Loss Defined
State: Central
Year: 1963
.....any express provision in the policy, there is a constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred. (2) In particular, there is a constructive total loss-- (i) where the assured is deprived of the possession of his ship or goods by a peril insured against, and (a) it is unlikely that he can recover the ship or goods, as the case may be, or (b) the cost of recovering the ship or goods, as the case may be, would exceed their value when recovered; or (ii) in the case of damage to a ship, where she is so damaged by a peril insured against that the cost of repairing the damage would exceed the value of the ship when repaired. In estimating the cost of repairs, no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but account is to be taken of the expense of future salvage operations and of any future general average contributions to which the ship would be liable if.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Section 43
Title: Responsibility of Board for Loss, Etc., of Goods
State: Central
Year: 1963
.....the provisions of the Indian Railways Act, 1890; and (ii) in other cases, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872, omitting the words "in the absence of any special contract" in section 152 of that Act: 1[Provided that no responsibility under this section shall attach to the Board-- (a) until a receipt mentioned in sub-section (2) of section 42 is given by the Board; and (b) after the expiry of such period as may be prescribed by regulations from the date of taking charge of such goods by the Board. (2) A Board shall not be in any way responsible for the loss, destruction or deterioration of, or damage to, goods of which it has taken charge, unless notice of such loss or damage has been given within such period as may be prescribed by regulations made in this behalf2[from the date of taking charge of such goods by the Board] under sub-section (2) of section 42. ________________________ 1 . Substituted by the Major Port Trusts (Amendment) Act (29 of 194), Section 19 (1-2-1975). 2 . Substituted for the words "from the date of the receipt given for the goods" by the Major Port Trusts (Amendment) Act (29 of 194), Section.....
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 64
Title: Particular Average Loss
State: Central
Year: 1963
(1) A particular average loss is a partial loss of the subject-matter insured, caused by a peril insured against, and which is not a general average loss. (2) Expenses incurred by or on behalf of the assured for the safety or preservation of the subject-matter insured, other than general average and salvage charges, are called particular charges. Particularly charges are not included in particular average.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 57
Title: Actual Total Loss
State: Central
Year: 1963
(1) Whether the subject-matter insured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss. (2) In the case of an actual total loss no notice of abandonment need be given.
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