PAAM EATABLES LTD Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The complainant M/s. Paam Eatables Ltd. has filed this complaint against opposite party, Insurance Company, alleging deficiency in service.

(2.) Briefly the facts of the case are that the complainant obtained a policy along with coverage of clauses "Important Clause", "Inland Transit Clause 'A', SRCC Clause and FOB Clause", for a sum of Rs. 6.7 crores.

(3.) After due declaration, the complainant despatched goods on different dates between 27.1.1995 and 8.2.1995 to Haldia Port for onward export to Bangladesh. On 3.2.1995, coming to know of damage caused to the consignment the matter was brought to the notice of the Insurance Company, who first deputed a spot Surveyor and then Surveyor to assess the loss. The complainant preferred a claim before the opposite party, who after considering the report of the Surveyor as also the terms of the policy paid to the complainant a sum of Rs. 3,51,800.00 which was accepted under protest. It is the case of the complainant that they had suffered in a loss of Rs. 2,86,00,538.00 break-up of which is as follows: <FRM>JUDGEMENT_22_CPJ4_2004_1.html</FRM>