THE NEW INDIA ASSURANCE COMPANY LTD. Vs. M/S. RISHI COTTON MILLS (P) LTD. THROUGH ITS DIRECTOR SHRI JEETMAL JAIN S/O SHRI DHANRAJ JAIN,

JUDGEMENT

(1.) These two writ petitions involve common questions of facts and law and are thus being decided by this single order.

(2.) These writ petitions have been preferred challenging two separate orders dated 03.06.2016 passed by the Permanent Lok Adalat, Pali in Cases No.4/- 2011 and 5/- 2011 whereby, the orders passed by the petitioner Insurance Company repudiating the insurance claims of the respondents were quashed and set aside and the company was directed to reimburse the claims for loss of insured goods lodged by the respective parties under the Marine Insurance Policies held by them.

(3.) The respondents herein had taken Marine Insurance Policies from the petitioner Company to cover the risk of textiles material being transported from Pali City to different parts of the country by road transport. Bales of cloth insured under the Marine Insurance Policies were transported by the respondents from Pali to Kolkata and were unloaded at the Godown of Inland Road Transport Pvt. Ltd, Kolkata. A huge fire broke out in the godown of the transport company on the night intervening 13-14th February, 2010 and the insured bales of cloth were destroyed therein. As per Clause 2 of the Marine Insurance Policy, the liability of the Insurance Company to cover the risk of the goods under the Marine Policy was valid for a period of seven days from the date of actual delivery of goods. The transport company i.e. the Inland Road Transport Pvt. Ltd, Kolkata issued a non-delivery certificate dated 11.06.2010 to the parties where after, Insurance claims were lodged by the respective consignor respondent for different sums of money. The Insurance company, however, repudiated the claims of the Insured Consignors by separate orders (Annexure-A/1) dated 20.05.2011 assigning identical reasons. The language of the order repudiating claim is relevant for the purpose of deciding the controversy and thus is reproduced herein below for the sake of ready reference:-