Insurance company from the United States Great American Insurance Company (GAIC) is in dispute in court.
The company filed a lawsuit against the law (PMH) for the sinking of the ship carrying PT Wilmar Chemical Indonesia’s fertilizer at the Surabaya District Court (PN).
GAIC sued three companies namely PT Trijaya Segaran Makmur as a shipping company as the first defendant, then PT Restu Prima Lestari as the barge ship owner as the second defendant and Abdul Malik the tugboat owner as the third defendant.
GAIC’s Attorney Iqbal Hadromi said, his client sued to claim compensation for the sinking of a ship carrying Wilmar fertilizer worth Rp 11.7 billion. The reason for the sinking was originally mentioned because of bad weather.
Because this ship sank the insurance company had to issue a claim. But according to Iqbal, further investigations showed that the ship sank not because of weather problems.
But due to tearing of the hull of the ship. According to Iqbal, this investigation was strengthened by the report of the Meteorological Climatology and Geophysics Agency (BMKG) that the weather when the ship sank was reportedly normal.
“We have evidence about the weather report,” Iqbal said, Tuesday (2/24). Therefore GAIC received subrogration rights from PT Wilmar Chemical Indonesia to sue the defendants. GAIC said there was negligence of the defendants over the sinking of the ship. “So the accident was not due to force majeure,” said Iqbal.
On the other hand, Rony Indrawan, the legal representative of PT Trijaya, said that the fertilizer transport ship had actually sunk due to bad weather.
According to him, if the ship is not roadworthy, it will not be permitted by the syahbandar to sail. And the sinking of the ship also occurred after several days of sailing.
This lawsuit has been included in the agenda of the main examination of the case, after mediation from each plaintiff and the defendant did not succeed in getting peace.
(Quoted from national.kontan.co.id, March 24, 2020)