ORIENTAL INSURANCE CO LTD Vs. GANESH GRANITES LTD

JUDGEMENT

(1.) Ia/ .(To be numbered)

(2.) The complainant/respondent received a purchase order dated .0.99 from an overseas buyer Beacon Granite Co. for purchase of granite blocks. The goods were to be shipped from Kandla Port in India to Bangkok by ship. The terms and conditions as contained in the order dated .0.99, read as under-

(3.) On receipt of the aforesaid order, the complainant/respondent applied to the appellant for issuance of an insurance policy. In the said letter dated 10.12.1992, the complainant/respondent sought transit insurance policy for export consignment from Kandla to Bangkok, by sea, without disclosing as to whether the order had been placed on FOB basis or on CIF basis. An insurance policy was issued by the appellant on the basis of the aforesaid proposal without asking for a copy of the purchase order or the invoice which the complainant had issued for the sale of the said goods to the overseas buyer. The said policy covered the goods till the time they reached the destination. Since the goods did not reach the destination, a claim was lodged by the complainant/respondent with the appellant which came to be rejected vide letter dated 9.2.1996, which, to the extent it is relevant, reads as under:-