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Section 49 of The Marine Insurance Act, 1963 in hindi

(1)Where several ports of discharge are specified by the policy, the ship may proceed to all or any of them, but, in the absence of any usage or sufficient cause to the contrary, she must proceed to them, or such of them as she goes to, in the order designated by the policy. If she does not, there is a deviation.
(2)Where the policy is to "ports of discharge", within a given area, which are not named, the ship must, in the absence of any usage or sufficient cause to the contrary, proceed to them, or such of them as she goes to, in their geographical order. If she does not, there is a deviation.

Summary

When a policy lists several ports of discharge, the ship is allowed to go to all or only some of them.
The ship must visit the ports she chooses in the exact order they are designated in the policy.
If the policy mentions a general area for ports without naming them, the ship must visit them in their geographical order.
Failing to follow the designated or geographical order is legally treated as a deviation.
These rules can be overridden if there is a common usage or a sufficient cause to justify a different order.

Practical examples

1A policy for the ship North Star lists the ports of discharge as Port A, Port B, and Port C in that order. The Captain decides to visit Port B first because the weather is better there. Under Section 49, this is a deviation, and the insurance coverage ends at Port B.

2A policy covers "ports in the Persian Gulf." The ship arrives at the entrance and visits a port further away before visiting one that was geographically closer and on the way. According to Section 49, this is a deviation because the ship did not follow geographical order.

FAQ

1. What is the rule for visiting multiple ports under Section 49 of the Marine Insurance Act, 1963?

Under Section 49 of the Marine Insurance Act, 1963, if ports are named in the policy, the ship must visit those it goes to in the order they are listed.

2. How should a ship proceed if ports are not named but an area is given under Section 49 of the Marine Insurance Act, 1963?

According to Section 49 of the Marine Insurance Act, 1963, if ports in an area are not named, the ship must proceed to them in their geographical order.

3. What is the consequence of visiting ports out of order under Section 49 of the Marine Insurance Act, 1963?

Under Section 49 of the Marine Insurance Act, 1963, failing to follow the designated or geographical order is considered a deviation, which discharges the insurer's liability.

Test yourself

Q1.Under Section 49 of the Marine Insurance Act, 1963, if a policy names ports X, Y, and Z, in what order must the ship visit them?

Q2.According to Section 49 of the Marine Insurance Act, 1963, when can a ship deviate from the designated order of ports?

Q3.Under Section 49 of the Marine Insurance Act, 1963, if ports in a "given area" are not named, what rule applies?

Q4.If a ship visits ports out of order as per Section 49, how is this handled under Section 48 of the Marine Insurance Act, 1963?

48PreviousSection 48 Deviation.50NextSection 50 Delay in voyage.

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