Janashakthi Insurance Co. Ltd. v. Umbichy Ltd – sllr 2007 volume 2 page 039

In the case between Janashakthi Insurance Co. Ltd. (the insured/respondent) and Umbichy Ltd. (as successor to National Insurance Corporation, the insurer/appellant), the court addressed the allocation of the burden of proof regarding breach of warranty under a marine insurance policy, the admissibility of documents under the Evidence Ordinance, and the procedural prohibition of introducing new appellate issues unrelated to trial proceedings. It was determined that the evidentiary documents were produced in the normal course of business and thus admissible, and that the insurer bore the burden of establishing any breach of warranty, including the Institute Classification Clause. The attempt by the insurer to introduce claims of deviation from the authorized voyage on appeal—having omitted t