SHAKUM OVERSEAS LTD Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This is an appeal against the majority order of the State Commission, Delhi whereby it was held that the repudiation of the claim of the insured by the Insurance Company was right and in consequence the complaint was rejected. The majority order was passed in Case No. C-92/91.

(2.) The relevant facts are that the appellant- complainant imported raw silk yarn of the value of US Dollars 28,322 from Japan through a firm of Hong Kong in March, 1989. The appellant-complainant had insured the imported goods with the respondent-Insurance Company for Rs. 11.00 lacs against 'all risks'. According to the policy the risk was covered for a period of sixty days after completion of discharge over side of the goods insured from the ship at the port of discharge.

(3.) The ship reached Madras on 13th April, 1989 when the consignment in question was unloaded on the same date i.e. 13th April, 1989. In consequence the risk under the policy of insurance was covered for a further period of 60 days viz. 12th of June,1989.