CONTINENTAL CHEMICAL LIMITED Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) Briefly the facts of the case are that the complainant on 31st March, 1988 delivered 20,020 litres of detergent liquid packed in 572 carboys vide G. R. No.19893 and 19894 to Respondent No.2 at Noida for carriage to Bombay. The value of the goods despatched was Rs.1,82,000/-. The complainant got the said consignment insured with M/s The Oriental Insurance Company Respondent No.1. The cover note certificates issued by the said respondent is No.37007 dated 30th March, 1990. Later, Respondent No.1 issued insurance policy No.21263/20/88/00023 dated the April, 1988.

(2.) The goods was loaded by Respondent No.2 in two trucks. Both the trucks reached the godown of ONGC (Oil and Natural Gas Commission) Bombay to whom the goods were to be delivered on 5th April, 1988. It was discovered there, that a number of carboys were in damaged condition and a considerable quantity of detergent was missing from them. The complainant at the request of the respondents engaged M/s Standard Surveyors Pvt. Ltd. as Surveyors. They after carrying out detailed survey issued a report dated 19.4.1988 according to which oil from 444 carboys had completely leaked out and from 15 carboys it had partially leaked out. The remaining 113 carboys were intact. The detergent of the value of Rs.1,43,517.37 was reported to have leaked out.

(3.) The complainant, it is alleged, filed a claim of Rs.1,43,517.37 with Respondent No.1. However, their claim was rejected by the respondent. It is further alleged that the complainant suffered the said loss on account of negligence and misconduct on the part of respondent No.2, and consequently respondent No.2 has been made a party. A prayer has been made by the complainant that the respondents be directed to pay Rs.1,43,517.37 alongwith interest @ 18% per annum from the date of the claim till the date of payment.