ORIENTAL INSURANCE COMPANY LIMITED Vs. MANGUBHAI BUDHABHAI TANDEL

JUDGEMENT

(1.) THIS appeal is the second round of the same litigation between the parties wherein the original complaint was filed in the year 1999. The complaint was filed in C.D.R.F., Navsari being consumer case No. 9/1999 on 7.1.1999 which was allowed by the learned Forum.

(2.) THE short facts of the case are that the complainant is a member of the South Gujarat Vahanvatu Matsya Udhyog Sahakari Sangh Ltd. The complainant had purchased a Vessel (Vahan) No. J. M. B. Rajkanya B.L.S.2492 M.F.G.1979 and had purchased Marine Hal Insurance Policy No. 143300/004/00480/22/ 94/00111 dated 9.9.1993 for Rs. 3,10,000 from the opponent Insurance Co. As per the complaint, the Vahan met with an accident on 16.9.1993 while it was in the middle of the sea in between Madhvan and Mota Jaghadiya. A big hole was created in the bottom of the said vessel and the ship sank in the sea and the goods therein were lost in the said accident. The opponent Insurance Company on 20.7.1998 repudiated the insurance claim. Hence the Complainant filed the Complaint before C.D.R.F. Navsari on 7.1.1999 for claiming the compensation. The learned Forum passed an order in favour of Complainant on 24.10.2001 and it directed the opponent Insurance Co. to pay Rs. 3,10,000 with 12% simple interest from 16.9.1993 and also to pay cost of Rs. 500 within 30 days. Being aggrieved and dissatisfied with the said order, opponent Insurance Company had preferred appeal No. 581 of 2003 before the State Commission. The Hon'ble Commission passed an order on 2.9.2004 remanding the matter to the Forum for giving opportunity to the complainant to produce evidence/affidavit against the report of surveyor and to decide the matter afresh. The learned Forum after hearing and considering the documents, allowed the complaint on 17.11.2006 and passed similar order in favour of Complainant on 24.10.2001.

(3.) HENCE the Appellant has preferred this appeal before the Commission on the grounds stated in the appeal memo. The Appellant is the original opponent and the respondent is the original complainant and they are referred to in their original nomenclature for the sake of convenience.