"DEVIATION" IN MARINE INSURANCE

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DEVIATION:- According to Indian marine insurance act 1963 section 48(1), when a ship, without lawful excuse, deviates from the voyage contemplated by the policy, the insured is discharged from the liability as from the time of deviation and is immaterial that the ship may have regained her route before any loss occurs.
      As per section 49(2) there is a deviation from the voyage contemplated by the policy
1) where the course of the voyage is specifically designated by the policy and that course is departed from.
2) where the course of the voyage is not specifically designated by the policy, but the usual and customary course is departed from.
     Section 48(3) says the intention to deviate is immaterial, there must be a deviation in fact to discharge the insurer from his liability under the contract.
         So, the effect of deviation is that any loss arising during or after the deviation will be borne by the ship owner.
Section 49(1) says where several ports of discharge are specified by the policy, the ship may proceed to all or any one of them, but, in the absence of any usage or sufficient cause to the contrary she must proceed to them in the order designated by the policy. If she does not there is a deviation.
Section 49(2) says, 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 in their geographical order. If she does not there is a deviation.
Although section 51 says that deviation will be excused in the following circumstances:-
1) Where authorized by any special term in the policy.
2) Where caused by circumstances beyond the control of the Master and his employer; or
3) Where reasonably necessary in order to comply with an express or implied warranty;or
4) Where reasonably necessary for the safety of the ship or subject matter insured; or
5) For the purpose of saving human life or aiding a ship in distress
6) Where reasonably necessary for the purpose of obtaining medical or surgical aid for any person on board the ship; or
7) Where caused by the barratrous conduct of the Master or crew, if barratry be one of the perils insured against.
      When the cause excusing the deviation ceases to operate the ship must resume her course, and prosecute her voyage with reasonable despatch.

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