War Risks (Ships) Insurance Scheme 1965

Liability of Shipping Company would accrue only if goods were proved to have been shipped on vessel and loss accrued during voyage

Burden, held, would be on plaintiff to prove that goods were actually shipped

Plaintiff producing documents purporting to be bills of lading but same not bearing signatures of either Shipping Company, or agent thereof

Original bills of lading neither produced by plaintiff nor any other document produced to show that goods were ever shipped

Plaintiffs only witness admitting that he was not present at time of shipment of goods

Where factum of shipment of cargo remained unproved, and plaintiff also failed to prove nature, quantity and value of goods, liability of insurance company, held, would not accrue to insurance claim of war risk cover

Suit by plaintiff claiming war risk cover of insurance claim would stand dismissed for want of proof of claim.

Ss. 13 & 6(1)-Insurance-Vessel-Cover against war risk-Relevant correspondence brought on record showing that request was made by Shipping Company to Insurance Company for insurance of three vessels including vessel in suit for certain sum in respect of each and Bank guarantee enclosed therewith for all three vessels-Insurance Company in their correspondence neither denying cover of vessel in suit against war risk nor denying receipt of premium from Shipping Company in respect of insurance

Cover of Ship in suit, held, established against war risk.