Chapter 28

Tenth Edition (2017)

Insurance Premium

Insurance Premium are within the category of 'necessaries'.
If it is conclusively shown that necessaries supplied or services rendered to any ship are prima facie 'necessaries' and are within the category of necessaries and within the scope and ambit of section 5 of Admiralty Courts Act, 1861, admiralty action will lie.
Article 1 of the Geneva Arrest Convention deals with the above subject maritime claim although the convention has not been adopted by legislation, the principles incorporated are applicable as per Supreme Court of India judgment to invoke admiralty jurisdiction for ship arrest in India.
BCAS: 7103-1001