SAVIKAR PLYBOARDS LTD Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE facts of the case are that on 20.2.2011, the complainant dispatched a consignment of three packages, each containing a hand crafted statue of Lord Krishna with Cow Gold, Silver and Copper finish, amounting to Rs.6,60,000 to consignee Lee Kim International, 10, Ansol Road, 29 -02, International Plaza, Singapore by Singapore Airlines, vide invoice No.40 dated 5th February, 2001, packing list dated 16th February, 2001, booking receipt'No. 618 -23300071 dated 20.2.2001. To cover all the risks from New Delhi to Singapore, the complainant obtained from OP Insurance Co. a Marine Policy on 16.2.2001 for an amount US doller 12,750 equivalent to Rs.6,60,000. Copy of the insurance policy exhibit CW1/4 is available on record. When the consignment reached Singapore, the consignee noted that there were wholes and packages were in a torn condition. He therefore intimated the agent M/s. India International Pvt. Limited of the OP Insurance Co. at Singapore about it, and the consignment was opened in presence of the OP's agent of the OP Insurance Company on 20.2.2001.

(2.) THE OP's agent, who is also the Surveyor found that all the three statutes in the three packages were cracked/broken at the head, regarding which he prepared a report on 29.2.2001 (Exhibit CW1/7), and mentioned that the damage was subject to rough and improper handling at some stages prior to our attendance. In para 10 of his report he mentioned that the statutes were beyond repairs and, subject to terms and conditions of the policy, recommended for full compensation for the three pieces. On 5th February, 2002, the consignee M/s Lee Kim International wrote to the OP's Branch Office at Karol Bagh, Delhi vide letter copy Exhibit CW1/12, to settle the matter directly with the complainant.

(3.) ON 21.2.2001 the Consignee for the complainant lodged a claim before the agent of the OP for an amount of Rs.6,60,000 + Rs.7,320 paid for the complainant by him as fee vide receipt dated 19th February, 2001, (Exhibit CW8) on the file. On 23rd March, 2001, the consignee supplied bill of lading (copy Exhibit CW1/8), Original Insurance Policy, sale invoice, packing list, letter to airlines, original claim bill, copy of the formal claim, copy of notice to Airlines, its postal receipt, copy of request to Surveyor, copy of delivery order, original survey lreport to the Agent of the QP Company for settlement of claim of the complainant.