KATARIA CARRIERS Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) An application under Order VII Rule 11 read with Sec. 151 Code of Civil Procedure (hereinafter referred to as "CPC") has been filed on behalf of defendant No.1 National Insurance Co. Ltd. for rejection of the plaint.

(2.) It is submitted in the application that the plaintiff has filed a suit for Declaration, Mandatory and Prohibitory Injunction against the defendants, whereby the plaintiff has sought that the Letter of Repudiation dtd. 19/11/2015 issued by defendant No.1 rejecting the Insurance claim of Defendant No.3 and Statutory Surveyor Report dtd. 19/8/2014 of the Surveyor/ defendant No.2 be declared as wrong, invalid, erroneous, null and void.

(3.) It is submitted that defendant No.3 Bharat Heavy Electrical Limited had obtained a Comprehensive Project Insurance Mega Policy bearing No. 350600/44/08/5050000011 from Defendant No.1 National Insurance Co. Ltd. for insuring the Goods during transportation by the plaintiff who is the Transporter. During transit, the goods/"Generator Stator" got damaged due to collapse of bridge. Upon receipt of intimation from defendant No.3 regarding damage, defendant No.1 appointed defendant no.2, M/s J. Basheer and Associates, a Statutory Surveyor to survey and assess the loss suffered by defendant No.3. A Survey Report dtd. 19/8/2014 was submitted by the Defendant No.2/Statutory Surveyor and on its recommendation defendant No.1 repudiated the claim of defendant No.3 on 19/11/2015.