NATIONAL INSURANCE COMPANY LTD Vs. SAWARIA AGRO OILS LTD

JUDGEMENT

(1.) FIRST Appeal No. 460/2006 has been filed against the order dated 30.1.2006 of the District Forum, Hoshangabad in Case No. 10/2000. First Appeal No. 625/2006 has been filed against the order of even date passed in Case No. 62/1999 by the District Forum, Hoshangabad and so also First Appeal No. 626/2006 against the order of even date passed in Case No. 61/1999 by the District Forum, Hoshangabad.

(2.) IN First Appeal No. 460/2006 the matter relates to marine policy issued by the appellant bearing No. 321002/21/96/44/00021 dated 29.10.1996 for the period 29.10.1996 to 28.10.1997. Likewise in First Appeal No. 625/2006 the policy has been issued by the appellant -Insurance Company being No. 214/239 for the period 6.12.1996 to 5.12.1997. In First Appeal No. 626/2006 the policy number is 214/239 for the period 6.12.1996 to 5.12.1997. Rest of the contents in each policy are different, therefore, the facts have been taken from First Appeal No. 460/2006 for convenience unless otherwise specified.

(3.) IN all the above cases a marine policy in each, was issued by the Insurance Company (appellant) for insuring the consignments of the respondent. The Insurance Company repudiated the claim on the ground that railway had not given any shortage certificate and the bags were found intact and the loss was due to moisture and use of second hand gunny bags. As per the complaint, the complainant claimed for 12.6.2010 metric to goods of the value Rs. 1,16,643, therefore, the claimant claimed this amount along with 18% interest and cost of the complaint. It was alleged that the complainant -Sawaria Agro Oils Ltd. manufactures the De Oiled Cake. The complainant firm had obtained a marine policy from the appellant - Insurance Company. It had sent 21515 bags of De Oiled Cake from Itarsi through invoice No. 1146 under Railway Receipt Nos. 057747 to 057749 to Badi Bunder, Mumbai. The goods sent by railways had the invoice value of Rs. 1,36,16,000 which was required to be sent to its destination by 5.12.1996. But on reaching Badi Bunder the De Oiled Cake was found 12.610 metric to short and, therefore, the insured claimed Rs. 1,16,643 being the value of the short material. It was also pleaded that in the marine policy and at the time of its issue, the Insurance Company knew full well that short certificate is not issued by the railways but, despite that the claim was not settled in favour of the claimants. The complainant sent a notice to the Insurance Company clarifying all facts but, still it failed to move the Insurance Company.