RAJESH SHARDA Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) Sh. Rajesh Sharda, the complainant/petitioner in this Revision Petition, took one Marine Policy from the New India Assurance Co. Ltd., OP1, in the sum of Rs. 50,00,000, valid for the period 10.8.2009 to 9.8.2010 covering the risk of theft, pilferage and non-delivery, strike riots and civil commotion besides rail/road risks during transit and paid a premium of Rs. 13,789. On 10.10.2009, the complainant despatched a consignment of 592 boxes of apples from Chandigarh to M/s. Manjunath Fruit Company, Kothapet, Hyderabad, vide GR No. 10367 for a consideration of Rs. 7,90,000, The said consignment was sent through M/s. Link Roadways, OP3. As required by OP1, a Declaration Form was also submitted by the complainant to the OP1. The Complainant also paid a sum of Rs. 20,000 as advance freight against total freight of Rs. 49,800 to OP3 and the remaining amount of Rs. 29,800 was to be paid at the destination place, i.e. Hyderabad. On 16.10.2009, the complainant was telephonic ally informed by the consignee that the consignment had not reached its destination. The complainant, while working, hand in hand with OP3, tried to trace out the truck but their efforts failed. OP3 lodged FIR on 22.10.2009. The complainant also lodged claim with OPs 1 and 2 and submitted all the required documents. A monetary claim was also lodged upon OP3. Legal notice dated 15.1.2010 was also served upon the OPs but it did not produce the desired result. Ultimately, the complaint was filed with the District Forum.

(2.) The District Forum allowed the complaint filed by the complainant. It directed the OPS to pay a sum of Rs. 7,90,000, compensation in the sum of Rs. 1,00,000 and Rs. 7,000 as costs of litigation.

(3.) Aggrieved by that order, the Insurance Company filed appeal with the State Commission. The State Commission, vide its order dated 24.2.2012, accepted the appeal. The Appellant/Insurance Company was granted litigation costs of Rs. 10,000 from the complainant.