NATIONAL INSURANCE CO. LTD. Vs. M/S. KRISHNA INDUSTRIES

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 18.11.2009 passed by the State Consumer Disputes Redressal Commission, Gujarat (in short, 'the State Commission') in Complt. No. 116/2000 - M/s. Krishna Industries v. National Ins. Co. Ltd. by which, complaint was allowed.

(2.) Brief facts of the case are that Complainant/respondent obtained policy from OP/appellant to cover 11455 kgs. of groundnut oil in tanker from Navagadh (Jetpur) to Sarkhej (Gujarat) for a total sum of Rs.5,68,378/-. Complainant despatched groundnut oil vide Bill No. 019 dated 5.11.1998 through Mahesh Roadline tanker GTY 5760. Tanker met with an accident. Oil in the tanker spread on the road. On 25.11.1998, Mahesh Roadline gave certificate of shortage and FIR was also lodged at Police Station. It was further submitted that complainant's surveyor conducted spot survey and gave report on 10.11.1998. Complainant lodged claim with OP. OP entrusted the matter to investigator - M/s. Contact Cargo Claims Consultant, who submitted false report on the basis of which, OP repudiated claim. Alleging deficiency on the part of OPs, complainant filed complaint before State Commission.

(3.) OP resisted complaint and submitted that as per investigators report; all documents submitted by complainant were fake. It was further submitted that complainant was not owner of oil in question and complainant had no insurable interest in the oil lying in the tanker. It was further submitted that 11455 kgs. of groundnut oil was not in the tanker and further submitted that claim was rightly repudiated and prayed for dismissal of complaint. Learned State Commission after hearing both the parties allowed complaint and directed OP to pay Rs.5,50,717/- with 8% p.a. interest along with cost of Rs.10,000/- against which, this appeal has been filed along with application for condonation of delay.