LAWS(CAL)-1969-9-30

RACLHA KRISHNA DAGA Vs. GENERAL ASSURANCE SOCIETY

Decided On September 15, 1969
RACLHA KRISHNA DAGA Appellant
V/S
GENERAL ASSURANCE SOCIETY Respondents

JUDGEMENT

(1.) THIS is a suit raised on June 15, 1955, by Radha Krishna Daga, the lone proprietor of Banshidhar Radha Krishna, for recovery of Rs. 82,642, from the sole defendant, the General Assurance society, Limited, on account of the loss sustained by him of 525 bales of jute, which the defendant, by three cover notes or slips, each bearing date March 21, 1955, had insured against damage for "all :risks", on a voyage from Tezpur ghat, in Assam to Cossipore Ghat in calcutta by MV Raju, the owner of which is Neptune Navigation.

(2.) FOR 525 bales of jute so consigned from Tezpore Ghat to Cossipore ghat there were three bills of lading, each bearing date March 7, 1955. The bales specified in each such bill are ; <FRM>JUDGEMENT_79_TLCAL0_1969Html1.htm</FRM>

(3.) THREE separate cover notes or slips dated March 21, 1955, were made at Gauhati between the plaintiff Radha krishna Daga, on one hand, and the defendant insurance company, on the other. On behalf of the company, one a. C. Mookherjee, the company's officer in charge or agent or, at any rate, one held out by the company as such, acted in the making of the cover notes. More, "in consideration of premia paid and to be paid", the defendant company insured the plaintiff Daga "for all risks" against loss of, or damage to, the consignment of bales of jute stated above. Here is a tabular statement showing the requisite particulars of the three cover notes, each bearing date March 21, 1955 :3a. With a view to making for clarity, I depart a little from the plaint and reproduce below a specimen of the cover notes, marked exhibit C collectively, each being of the same pattern. : (In red ink, within the rubber-stamp of the defendant insurance company, wherein is inscribed Assam, gauhati.)