ORIENTAL INSURANCE COMPANY LIMITED Vs. PRANSONS

JUDGEMENT

(1.) HEARD Mr. J.S. Chandnani -Advocate for the appellant and Mr. A.M. Vernekar, Advocate for the respondent.

(2.) UNDISPUTED facts are that a diamond parcel duly contained in the tin container was sent by air through Indian post on 31.3.1999. The parcel was to be delivered at Chicago, U.S.A. to State Bank of India and for which above referred insurance policy was issued by the Insurance Company. The parcel did not reach the destination. Indian post after due inquiry also paid and reimbursed to the complainant to the extent amount for which the Indian post n their own insured said parcel. The insured amount of the policy is $ 20900 (US dollars) amounting to 8,84,906 in INR Insurance claim was made, which stood repudiated as per letter dated 24.8.2004 by the Insurance Company. Consumer complaint was filed on 19.8.2006. It is also not disputed that the insured parcel was sent by air by Indian post, which reached Newyork, USA on 6.4.1999, however, it could not reach the ultimate destination Chicago.

(3.) HEARD both the parties. Perused the record. It may be pointed out that in view of decision of the Apex Court in the matter of Kandimalla Raghavaiah and Company v. National Insurance Company and Another, 2009 3 CPJ 75 in Civil Appeal No. 4962 of 2002 decided on 10.7.2009 , attention of both the parties is invited to the point of limitation. Appellant who remained absent failed to make any submissions. Respondent /original complainant has made its submissions on the point.