BIHAR SUPPLY SYNDICATE vs ASIATIC NAVIGATION

The Supreme Court held that under the Marine Insurance Act, 1963, the burden of proof lies on the plaintiff to establish loss due to perils of the sea, as stated in Section 2(e). The Court found that the plaintiff failed to demonstrate that the loss was caused by such perils, thereby affirming the High Court's dismissal of the plaintiff's appeal against the Insurance Company. The judgment clarified that the cables from the ship's Master did not substantiate the claim of seawater entering the engine, leading to the dismissal of the plaintiff's suit for recovery of Rs. 9,50,000.