SHAKUN OVERSEAS LTD Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Briefly the facts are that the complainant imported 36 cartons of Raw Silk Yarn weighing 1011.5 kg. at a price of US Dollars 28,322 from M/s. Dollyexpo Ltd. The said goods were dispatched from Kobe to Madras as per bill of lading dated 14.3.89. The invoice is dated 7.4.89. The goods were insured by the complainant with the respondent for Rs.11 lacs by paying a premium of Rs.4,337/- against "all risks" i. e. war, strike, riot, civil commotion etc. from Japan to anywhere in India via Madras Port as per cover note dated 5.4.89. According to the policy the risk was covered for a period of 60 days after completion of discharge over side of the goods insured from the overseas vessel at the final port of discharge or delivery to the consignee or arrival of the goods at the final warehouse, whichever was earlier. '

(2.) It is alleged that due to delay in shipping documents from the foreign supplier the complainant apprehended that the delay might occurin arrival of the goods at the final warehouse within the prescribed period and, therefore, as a matter of abundant caution they requested the respondent vide letter dated 9.6.89 to extend the period by another 30 days. The request was accepted by the respondent and the period was extended for 30 days vide cover note dated 19.6.89.

(3.) It is further pleaded that the goods arrived at Madras in sound condition and were despatched from Madras to Delhi in sound condition vide G. R. dated 29.6.89 through M/s. Surat Transport Service, Madras. They arrived at Delhi on 15.7.89 and were found in damaged condition. The claimant took delivery under protest and recorded the condition of the goods at the back of the G. R.