NATIONAL INSURANCE COMPANY LTD Vs. GURDIP SINGH

JUDGEMENT

(1.) It is an appeal against the order dated 5.4.2002 of the District Consumer Disputes Redressal Forum, Jalandhar (herinafter called the District Forum ).

(2.) Resondent No.1 complainant (herinafter called the complainant) had purchased an open marine policy (photostat copy of cover note is Ex. C-3) to cover the risk of the goods despatched by rail or road transport to various destinations in India. The terms of the cover note indicate the covering of the goods by rail/road risks and all risks from warehouse to warehouse. The policy was purchased to avoid any risk of damage to the seed potatoes during transit as the complainant claims to be an agriculturist and produces high quality potato seeds and sends the same to various agricultural farms and individual growers in the country. In the case in hand, the complainant had despatched 490 bags of seeds potato from Jalandhar to Dharwad (Karnataka) as per bill No.3227 dated 27.6.1988 for a total sum of Rs.3,21,650/-. The goods were sent from Jalandhar to Delhi in four trucks as large trucks (trailers) were not available in Jalandhar. From Delhi, the goods were transhipped to three large trucks (trailers) bearing No. DL-IGA/1401, GR N.1709 dated 27.6.1998 owned by M/s. Jammu Road Carriers, New Sabzi Mandi, Delhi. The consignee M/s. Haji, D. B. Navalgundkar and Co. Dharwad (Karnataka), reported that out of the total consignment 163 bags of seed potato were received in rotten condition giving foul smell. On the request of the complainant, the consignee requested appellant (respondent No.1 before the District Forum) (hereinafter called respondent No.1) in his Dharwad Office for deputing a Surveyor to inspect the damaged consigment. It was reported to the complainant that truck No. DL-IGA/1401 developed some mechanical fault on the way and broken down twice as a result the truck reached Dharwad late on 5.7.1998. On the same day, the damaged condition of the seeds was intimated to the Dharwad office of respondent No.1. The Surveyor of respondent No.1 inspected the consignment on 6.7.1998 in the Vegetable Market, Dharwad and submitted his survey report Ex. C-10. All the potatoes were sorted out and of the good condition were sold for a total sum of Rs.28,116/- under the direction of the Surveyor. The Surveyor had assessed the total loss of Rs.70,684/- including the labour charges. Rs.2,716/- were paid to the Surveyor by the consignee on behalf of the complainant against the proper receipt, photocopy of which is Ex. C-11. The claim of the complainant was filed as "no claim" by respondent No.1 vide Ex. R-2.

(3.) The complainant, thus, filed a complaint before the District Forum that respondent No.1 and M/s. Jammu Road Carriers, New Sabzi Mandi, Azadpur, Delhi respondent No.2 (respondent No.2 before the District Forum also) (herenafter called respondent No.2) be directed to pay the claim amount of Rs.1,38,500/- along with interest at the rate of 18% per annum.