V.S.T. TILLERS TRACTORS LIMITED, BEING A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS COMPANY SECRETARY, MR. B.L. AKSHARA Vs. THE NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) HEARD the Counsel for the parties.

(2.) THE facts of the case are as follows:

(3.) THE Counsel for the petitioner contends that the action of the respondent in disallowing the claim is patently illegal. The Marine Insurance Policy provided a risk coverage from ware -house to ware -house. There was also reference to the Bill of Lading issued by the carrier in the policy of insurance. The policy is not conditional or contingent upon the terms of contract, as between the petitioner and its supplier. The stand of the respondent on the basis of the opinion expressed by M/s Websters and Company, is not in accordance with law. The Bills of Lading Act, 1856, in terms of Section 3 lays down that every Bill of Lading in the hands of a consignee for valuable consideration representing goods to have been shipped on board a vessel shall be conclusive evidence of such shipment as against the Master or other person signing the same notwithstanding that such goods or some part thereof may not have been so shipped. Having regard to this, the respondent is precluded from contending that the risk covered under the policy does not commence till the consignment is actually put on board the vessel. The presumption that arises on the issuance of a Bill of Lading is that such goods have actually been put on board the ship even it in fact, they were not so put on board. In the eye of law, the respondent therefore would be liable to cover the loss.