ORIENTAL INSURACNE COMPANY LIMITED Vs. ADANI EXPORTS LTD

JUDGEMENT

(1.) Appellant Insurance Company which was the Opposite Party before the State Commission has filed these Appeals against the judgment and order dated 15.2.2007 passed by the State Consumer Disputes Redressal Commission, Gujarat (in short, 'the State Commission') in Complaint Case Nos. 31 and 32/99 wherein the State Commission allowing the complaints filed by the Respondent has directed the Appellant Insurance Company to pay a sum of Rs.10,78,871 in Complaint No. 31/99 and Rs. 10,53,064 in complaint No. 32/99 to the Respondent along with interest @ 6% p.a. from the date of filing of complaint till realization.

(2.) Since the question of law and facts involved in both these appeals are the same, we proceed to dispose them by a common order. Facts have been taken from First Appeal No.296/07.

(3.) Respondent/Complainant imported 800 metric tons of raw cashew nuts from Indonesia which were to be received by it at Tuticorine/Cochin Port. Respondent got the said goods insured from the Appellant for a sum of Rs. 2,85,00,000 to cover the risk of loss or damage on account of short receipt of goods or loss during the shipment. The goods were to be delivered to the Respondent in two parts from 14.1.1995 to 19.1.1995 and on 21.1.1995. On arrival of the goods at Tuticorine Port, it was noticed that goods received were short in weight by 30.590 metric tons. Respondent did not inform the Appellant about the loss and appointed its own surveyor to assess the loss. Thereafter, Respondent filed the claim of Rs.10,89,768 being the value of 30.590 metric tons shortage with the Appellant Insurance Company but the same was not settled by it. Complainant, being aggrieved, filed the complaint before the State Commission alleging deficiency in service on the part of the Appellant.