SHANKAR JEWELS Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The complainant is a partnership firm engaged in manufacture and sale of gems and jewellery, obtained a Marine insurance cover from United India Insurance Co. Ltd.- appellant in FA/645/2012 and respondent No.1 in FA/550/2012, for export of gold and precious jewellery to London. The consignment of jewellery was sent by the complainant to London through FedEx Express, respondent No.2 in both the appeals, but the consignment was lost in its transit did not reach its destination. The loss of the consignment was admitted by the carrier which maintained that as per the terms and conditions agreed by it with the consignor, its liability was restricted to US$ 500.

(2.) Being aggrieved from the refusal by the insurer to pay the claim amount, the complainant approached the concerned State Commission by way of a consumer complaint, impleading the insurer as well as the carrier as the opposite parties in the complaint.

(3.) In its written version, the carrier admitted the shipment of the jewellery as well as the loss of the consignment during transit and stated that a certificate dated 16.12.2019 had been issued by it to the complainant with respect to the loss of the consignment. The carrier reiterated that its liability for the loss during transit was restricted to US$ 500.