NEW INDIA ASSURANCE COMPANY LIMITED Vs. LEKHRAJ SHEVARAM

JUDGEMENT

(1.) THE appeal is directed against the order dated 28.11.2003 passed by the District Forum, Camp Jaipur by which while allowing the complaint of the respondent, the appellants have been directed to pay a sum of Rs. 2,99,722 with interest as well as cost of litigation also.

(2.) THE dispute is in regard to claim against the Open Marine Policy. The limit of the marine policy is not disputed. The accident of the vehicle has also not been disputed. The District Forum on thebasis of report of the Surveyor has allowed the claim of the respondent as referred above.

(3.) THE learned Counsel for the appellant with all vehemence at his command submitted that as per the policy the coverage was made for the goods despatched from anywhere in Rajasthan to anywhere in India. However, the respondent While submitting declarations with the appellant at the time of despatch of the consignment has not included the consignments despatched within the State and as per policy it should be presumed that the consignments despatched from one place to another place within the State should also be included and as per the C.A. report, if such consignments are included during the relevant period the respondent had already exhausted the limit much prior to the date of accident.