GALADA POWER AND TELECOMMUNICATION LTD Vs. UNITED INDIA INSURANCE CO LTD
LAWS(SC)-2016-7-114
SUPREME COURT OF INDIA
Decided on July 28,2016

Galada Power And Telecommunication Ltd Appellant
VERSUS
UNITED INDIA INSURANCE CO LTD Respondents

JUDGEMENT

- (1.) The appellant-complainant filed a batch of 21 complaints i.e. C.D. Nos.539 to 559 of 2000, claiming compensation of Rs.43.59 lacs along with interest @ 18% p.a. from the respondents, namely, United India Insurance Company Limited and India Transport Organization, on the ground that there had been shortage/loss of 'All Aluminium Alloy Conductor' (for short, 'AAAC') wire, which was supplied by the complainant to the Power Grid Corporation of India Limited (PGCIL). The case of the complainant before the Consumer Disputes Redressal Forum, Ranga Reddy District (for short, 'the District Forum') was that between 1.3.1998 to 13.4.1998, twenty-one trucks of AAAC wire packed in wooden drums were delivered at stores of PGCIL at Assam. In all the trucks shortage was noticed by PGCIL on 25th March, 1998. As there was shortage, which is called transit-loss for which the appellant had taken a policy from the insurer, it put forth a claim before the insurer for Rs.35 lacs. The said claim was lodged before the insurance company vide letter dated 3rd April, 1998.
(2.) On the basis of the communication made by the appellant, the insurer appointed a surveyor who gave a report on 1st September, 1998, assessing the loss approximately at Rs.2 lacs in each case, thereby the amount in toto assessed by the surveyor was approximately Rs.43 lacs. Though the surveyor had assessed the loss and sent it to the insurance company, the insurer vide letter dated 20th September, 1999, repudiated the claim by stating thus:- "Dear Sirs, Re: Marine claim No.050202/21/26/7/18/97/ Policy No.050202/21/26/16/2101/97 On perusal of the records pertaining to the above claim, and subsequent investigation into the matter, we find that the above claim lodged by you does not fall under the purview of "TRANSIT LOSS". As such, the claim is not tenable under the terms of the policy. In view of this, we are treating your above claim as "NO CLAIM"."
(3.) As the claim was not accepted, the appellant knocked at the doors of the District Forum for grant of compensation, but the District Forum declined to accept the claim on three counts, namely, that there was non-joinder of necessary parties; that the allegation of theft was not proved; and that in a summary proceeding the factual dispute could not be decided.;


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