NATIONAL INSURANCE CO LTD Vs. BHILWARA PROCESSORS LTD

JUDGEMENT

(1.) These two appeals by the appellant, Insurance Company, are directed against the orders of the Rajasthan State Consumer Disputes Redressal Commission allowing the complaints of the respondent-complainant and directing the appellant to pay for the loss of the goods of the complainant covered by the insurance policy taken by the complainant from the appellant for the purpose.

(2.) In both the appeals, facts are similar and as noted above defence of the Insurance Company before the State Commission was identical.

(3.) Complainant had obtained a policy from the appellant-Insurance Company for the period from 1.1.1988 to 31.12.1988. The policy covered 'inland transit (rail or road) A-all risks'. Complainant dispatched goods in the month of October, 1988 through a common carrier of the value of Rs. 1,67,996/-. During the course of transit of the goods they were stored in a godown at Bhiwandi to facilitate the transportation of the goods to Mumbai. Fire broke out in the godown of the common carrier on 15.10.1988 resulting in the destroying of the goods being burnt. Goods were in transit. Under the policy claim was, therefore, lodged with the Insurance Company. Insurance Company deputed its Surveyor who gave his report on 7.2.1989 stating that the loss was due to fire and amounted to Rs. 1,67,310/-. However, Insurance Company did not settle the claim which was repudiated on 9.10.1991.