Question

A ship with mangoes was injured against damage due to sea water. In the sea there was a clision which damaged the ship partially due to which there delay în consignment reaching destination as a mangoes result became brother. So their was a total loss.
i) What is the nearest cause of loss ?
ii) Which principle is applicable in this case ?
iii) Will the insured get the compensation ?
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Answer 1

The nearest cause of loss in this case is the collision of the ship with another object, which resulted in damage to the ship and the shipment of mangoes.

ii) The principle of "proximate cause" is applicable in this case. This principle states that the nearest or most direct cause of loss will be considered in determining whether the loss is covered by insurance.

iii) Whether the insured will receive compensation depends on the specific terms and conditions of their insurance policy. If the policy covers losses caused by collision, then the insured may be eligible for compensation. However, if the policy excludes losses caused by collision, then the insured may not be eligible for compensation. The specific details of the policy will determine whether the insured will receive compensation for the loss of the mango shipment.

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Answer 2

Answer:

(i) The immediate cause of damage in this case is damage to the ship after a collision at sea.

(ii) The principle applicable in this case is that of proximate cause. According to this principle, the cause closest to the damage is considered to be the true cause of the damage. In this case, the collision is the proximate cause of the ship damage and mango loss, and thus the real cause of the loss.

iii) The indemnification of the insured depends on the terms of the insurance policy.If the policy covers collision damage, you will be compensated. However, if your policy does not cover collision damage, or if your policy includes exclusions for such damage, you may not be compensated.

It is important to read and understand the terms of an insurance policy carefully before purchasing it to ensure it covers all the risks you may be exposed to.

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