RAJEEV KUMAR GOYAL @ RAJ KUMAR GOYAL Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the common judgment dated 3rd March 2008 passed by the learned Special Judge, Central Bureau of Investigation ( 'CBI ') in CC No. 31/07 convicting:

(2.) THE appeals are also directed against the order on sentence dated 5th March 2008 whereby:

(3.) BEFORE discussing the particular facts of these cases it is necessary to understand how the marine open policy comes to be issued. When goods are transported from one destination to another, the goods are insured for the period during which they are being transported and till they are delivered at the destination. The consignor is usually the person selling the goods and the consignee is the purchaser of the goods. The premium could be paid for, depending on the terms of purchase, by either the consignor or the consignee. The marine open policy covers internal transport of goods by road as well. A cover note is issued by a clerk in the insurance company who is authorised to do so. At that stage the insurer usually submits the proposal and requisite documents. After collection of the premium amount, the policy cover note is issued. When goods are either stolen during transit or damaged or failed to be delivered, a claim is lodged with the branch which issued the policy. The insured gives intimation to the NIC and the Branch Manager appoints a Surveyor, from the approved list for that branch, to assess the loss. The Surveyor then submits a report along with photographs, the proposal certificate and the goods received. A clerk in the concerned NIC Branch then processes the claim and submits it to the Branch Manager for approval. After approval by the Branch Manger, the file goes to the Account Clerk for preparation of the cheque. After the cheque is prepared, it is signed by two authorised signatories one of whom is the Branch Manager. The cheque is then handed over to the insured/claimant. Usually the Surveyor 's fee is also paid at the same time as the claim is settled. If the right of recovery has been protected by issuance of notice to the carrier, the Branch Manager can, in his discretion, after settling the claim, appoint a recovery agent. Carriers typically pay 5 to 10% of the claim amount. In case the goods are not damaged but some part of it goes missing before reaching the destination, the insurance company appoints a tracer for tracing the goods.