Suddenly there is no Cricket
……. and that is because, the touring West Indies have suddenly abandoned their
tour and gone back ! – sudden abandonment due to payment structure dispute
between the players and the West Indies Cricket Board (WICB) and WIPA.
In law,
abandonment is the relinquishment, giving up or renunciation of an interest,
claim, civil proceedings, appeal, privilege,possession, or right, especially
with the intent of never again resuming or reasserting it. In general, to abandon is to give up or
renounce. However, the word abandonment is used in different senses in marine
insurance. It may simply refer to the
act of physically quitting a vessel, usually when a casualty is in danger,
imperilling the safety of those on board. With particular reference to Marine
Insurance (MI Act) - the general concept
of abandonment is contemplated when there is a Constructive Total loss
(CTL). According to MI Act, where there
is a CTL, the assured may either treat the loss as a partial loss or abandon
the subject matter insured to the Insurer and treat the loss as if it were an
actual total loss. Further proviso in
the Act states – ‘where the assured elects to abandon the subject matter to the
Insurer, he must give notice of abandonment’- if he fails to do so, the loss
can only be treated as a partial loss.
For pursuing
a claim as CTL, the assured must abandon (the ship or goods) to the Insurer by
way of notice of abandonment. Here the
meaning of ‘abandonment’ constitutes the
transfer of the subject matter insured from the assured to the Insurer in
return for a full indemnity. Insurers
must tread carefully, for acceptance means, they do not only get proprietary
rights but also any possible liabilities
!!!
With Srinlankan board
accepting to fill the void, Lank are touring India. MS Dhoni has opted out of
the first three ODIs against Sri Lanka, citing the need for a break to freshen
up ahead of the tour of Australia and the World Cup. Virat Kohli will stand in
as captain, and Wriddhiman Saha will be the keeper. Bhuvneshwar Kumar has been
rested, making way for Varun Aaron. Sadly Kuldeep Yadav is out without earning
an Indian cap. There has been speak of
Rohit Sharma coming back – after continuous failures, he was persisted with,
made runs at home and away from homes – struggled making runs, occupying the
crease and wasting balls. Still people
say that if he is fully fit, he will walk into the side !!
For India Vs Srilanka - dates are yet to be announced, but they will
be played in Cuttack, Kolkata, Ranchi, Ahmedabad and Hyderabad. Sri Lanka have
left out Lahiru Thirimanne, vice-captain in their previous ODI series against
Pakistan in August, from their squad for the first three games of the five-ODI
series in India. Uncapped fast bowler Lahiru Gamage, wicketkeeper-batsmen Kusal
Perera and Niroshan Dickwella, and left-arm allrounder Chaturanga de Silva are in the squad.
Board of Control for Cricket
in India (BCCI) interim president N. Shivlal Yadav says that in all probability
legal proceedings will be initiated against the West Indies Cricket Board
(WICB) for pulling out of the India tour after having played just four ODI’s
(the team was scheduled to play five ODIs and three Tests). It was an internal
problem of the WICB, but since it meant
a huge loss both financially and otherwise, the general mood in the BCCI is to
take action for their abrupt move – Shivlal is quoted as saying. Shivlal said the agreements between the full
members for a bilateral series suggests that each Board keeps the revenue
generated for hosting the international series and also incurs the costs from
the time the visitors arrive till they leave the host nation~ and the loss is
reported to be more than Rs. 40 crore per match from television broadcasters. That way, the BCCI is likely to claim damages
of at least Rs 400 crore (US$65 million approx) from the WICB for West Indies
having pulled out of the tour to India. That is a huge sum by any standards !
The BCCI's revenue is
primarily generated through broadcast sponsorship, series-title sponsorship,
team-title sponsorship, apparel sponsorship, minor share of advertising from
host broadcaster, gate receipts and in-stadia advertising. Since the broadcast
and series-title sponsorships deals are on a per match basis, irrespective of whether
it's a T20, Test or ODI, that income is unlikely to be affected. The
decrease in broadcast revenues will also impact the state associations since
the BCCI distributes 70% of it equally amongst the 27 members who participate
in the Ranji Trophy.
Srilanka is making a counter
claim for hosting the Test series next year. The BCCI, however, is yet to
confirm the swap. Cric info reports that by hosting the three-Test series with India, SLC
stands to make around $ 7-8 million, according to Ranatunga. There will be no
ODIs or T20Is included in the itinerary. India have not hosted Sri Lanka for Tests since 2009, and the
last time Sri Lanka hosted India for Tests was in 2010, the series that marked
the retirement of Muttiah Muralitharan. The
next available slot for a Test series between the two teams, as per the new
FTP, is in August 2017 ~ and that
portrays the importance for Tests in this T20 era.
BCCI sternly views the abandonment and is trying to seek punitive
damages in unambiguous language. At the same breathe, it is stated that this
will not prevent WI players from participating in cash-rich IPL in their
individual capacity !! The West Indian
Board is furious over the latest strike action by the players, they need to be
guided by practicality rather than emotion. The fact that the A team is
continuing with its tour of Sri Lanka is an indication that not every West
Indies player is dissatisfied with Hinds' leadership of the WIPA. As some jocularly put, there are so many top WI players
in the circuit (either in coaching or commentating) – Richie Richardson, Stuart
Williams, Clive Lloyd, Curtley Ambrose all associated with the team and
Richards, Ian Bishop, Courtney Walsh, Michael Holding on mike – may be a team
of theirs could still beat many sides currently playing International Cricket
With regards – S.
Sampathkumar
23rd Oct 2o14.
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