PERILS OF sEq Dr. Sudhir Kumar, Department of Kurukshetra University, Kurukcheon t ty E mail ~sudhiryats22@)gmail.com Perils of the sea in marine insurance is Mprise OF unexpected which maritime ventures might need to face during the voyage, G ra wale : um yage. Generally , ‘peril of the sea’ is defined to cover all that happens to ship during the voyag bythe A a e Acts of God. 1s perils ine! It means perils of the sea include those accidents or casualties which do not happen due to the free, wilLofa human-being. Even if we talk about natural perils, it will not include the natural and ‘ordi . rerils, ction of wind. Some of the examples of these pgrils include collision, sit action and high winds. | Marine Perils Marine Perils are;- P 1) Perils of Sea v Pesul of See f - (2) Fire v fire 1.3) Man-of- War LE Enemies (4) Enemies ees P.8T(S) Pirates, Rovers. Thieves & meno] war Tv ©) Jettison 7 Prvates , Rov, Thiows & _ (7 Barratry — Rehan’ (F.C.&S. Clause) Detain mant — Aovest a and Civil Commotion Clause — Later &f Ma > Later ot Counter Mart _Taking a Seo pnothes tee? f.(8) The Free of Capture and Seizure Clause E (9) Explosion 8, R, O10) Strikes, Riots, A (11) All Other PerilsLet’s look at the following marine perils: () Perils of Sea Under the perils of the yn of the winds and waves, ordinary a, the ordinary actio sargo is not included. wear and tear to the vessel, the inherent risk of the ¢ The underwriter may be liable for losses caused by Perils of the sea: he is nox necessarily liable for perils on the sea. nt) accidents o¢ Is of the sea refer to fortuitous (casual, accidental, conti ut of any of the perils of the sea insured js Fhe sea, Suppose the loss arising 0 the assured. In that case, the undervrite- attributable to the fraud or willful miscondyet o' (insurer) is acquitted fiom the liability under the policy. vv Ge In olden times fire was the biggest maritime peri, but recently it has been under is included under fire. control to a greater extent, Damage resulting from fire and’smok peril. ‘The water used for extinguishing a fire may cause damage to the insured goods, So, this peril is also insurable. The damage due to spontaneous combustion (flaming) may be maritime peril and be insured against. Damage was done due to the lightning, explosion, and_fireoriginating from the rs. The losses which are not negligence of the crew are recoverable_from underwt included in the standard policy can be covered by having special clauses and paying an extra premium, : COMasof- War This is the vessel that is authorized by nations for the purpose of defense or attack inthe event of hostilities, : Any damage to the goods or ships arising out of collision against a mat insurable> = = a (4) Enemies ais Ships belonging to the foe (enemy) may cause loss to the insured and is Fe- underwritten by the marine policy. oe | ee nis Polley extends to all the persons of the enemy country and to thei hostile acts provided such aets form part ofthe enemy's actions, Enamy Dedesalty means = - One soho Fetég ow voi h or One whe has & TN Weetuag ov hated eae damage os lo FA ndude alt fa S62 carta ot evar Empmyndude atl ‘apes osx oxcing 4 enemy count ¢ to Uhely heahle ack | Privaig Sich ae! Downed past | SAMY Combai:6. Pirates, Rovers, T| The perils on account of pirates, rovers and thie thieves were common in olden tim but they have been reduced considerably. These ae 7 ISS? acts are gener individual gain by persons beyond ee the jurisdiction of (0) Jeti Jettison mea ally committed to pursuing a state, mi. Ss volu ary throwing Pr throwing away ofthe cargo or part of vessel's equipment ship for the common safety, The aim of intentionally for ing or lieving the ni throwing away the goods or Property is to relieve the vessel from some imminent peril. ___The gecidental falling of things does not 7) Barratry\, Barratry includes ev nstitute a jettison, ongfil act willfully committed by the master or crew the prejudice of the owner. The act of barratry must be committed without the knowledge of the owner. ‘The theft, then sett fire to ship, fraudulent selling of vessel and cargo without the connivance of the ship-owner are the various examples of the barratry. The insurer. if barratry insured, is liable for (8) The Free of Capture and Seizure Clause (F.C. & S. Clause) ‘The policy generally covers war perils. But, to include the perils of the sudden ses arising out of barratry. capture and seizure clause is added to relieve declaration of war, the war clause or free 0 war perils. > By deletion of this clause, the policy is automatically restored to condition and adequate premiums are charged for the purpose. (9) Explosion ‘The risk of the explosion has greatly increased. The explosio : damaging hull or cargo or both could be constructed as periLon the sea, and an explosion onshore might damage a ship.orits cargo. Marine cargo policies were amended to include the risk licies, Kk caused by war peyils. In case of hull (patavaar) policies, the exp s original ‘on board a vessel of explosions not clearly losion ‘on shipboard or gence clause”. elsewhere’ is covered in the amended * 10) Strikes, Riots, and Civil Commotion Clause ‘ i tended to cover from warehous 1 after discharge; the danger 1 to warehouse ‘The marine insurance on cargo is © 1 to shipment or otherwise insures the goods on shore prio 3/Page :resulting from the unlawful acts of strikers of underwriters being held liable for losses, material 2d itty for losses due to unlawful acts. from riots or civil commotions is n ‘The insurers are unwilling to assume I (11) All Other Perils action of wor The loss occurred by the salt fodder as a result of lengthy voyase. constitute sea perils. Other damages may be due to oil, sweat,.and heats water of the sea, ms on timber. cattle dying due to wanting o| hich are insured under other perils. Conclusion Peril of the sea in marine insur to goods on board. It comprise losses only lue to sothe irresistible force oF natural s of goods the peril of the sea won't cove covers the loss of goods on board that is damaged ct from the overwhelming power lying cause. It also safeguards against losse: 1 every accident or beyond human skill and prudence. Also, casualty that arises in the sea. foot! ef Sea, 3> they steferto all sudks 3 penils $ danger Peculiar Un the aetu + They include acefalent > caplure, of shih or ts Cango by Foeodes, , losses by Collivay ete - Losses Caused euil seo Cannot te pstventea by any S€0u0 casee Stall and eee en the pot S| net human berry) Thus, if ship hits a rock f sunk ov CeQlide ustth owethy Sap § safes Joss) P+ Is case o| \ar less by peut 2} oihes &x.. 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Ling slip et damage te acods commithd 5 So o. z ae net j cae ndes Spreurrut ame ex Negligence even amountin ee cevelesness Bak met consistent Wrrator yin aetor be nlantion +o injury vessel =O md ee ot — ce mm , Revers, Thives 3H athe olden clays, when mians q wb were nob co cleveloped The pewlam => means sea wobbey or chose whe attack Ship fom chore eae ed Rows fs wpreakas on hegh rn Finieves J sco for vidlene &¥ 2) Robber usin 5 be among eeeaehed pickpockets Very commen er wed = The porenton +o ree use ope pel bi ovt* a tho counb4- Ws Jenow as Bedok - a came vantesouzlien and possible less Voyages nwo wivig such ports G sacni fee a} carte due | Comalhes measts nol ntenlinal or Yet Gnevlatle