SHAKUN OVERSEAS LIMITED Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) BRIEFLY the facts of the case are that the complainant imported a consignment of Mulberry Raw Silk weighing 1798.95 kg. at a price of U.S. Dollars 55407/66 from M/s. Dollyexpe (Far East) Ltd. Hongkong. The goods were despatched from Guangzhou to Madras. The complainant insured the consignment with the National Insurance Company Ltd., respondent, for Rs. 22 lacs by paying a premium of Rs. 8,452/against all risks i.e. war, strike, riot, civil commotion etc. from Japan to anywhere in India via Madras Port as per covernote No. 338449 issued on 15.5.90. The covernote was later replaced by policy dated 15.9.89 by the respondent.

(2.) THE consignment arrived at Madras safely. After completing the various formalities connected with import, 10 bales were despatched from Madras to Delhi in a sound condition vide railway receipt dated 18.11.89. The goods arrived at New Delhi Railway Station on 21.11.89. When the complainant went to the Railway Station on 21.11.89 to take delivery of the goods, it was found that they had been damaged by fire which had occurred at the Railway Station on 21.11.89 at about 2 p.m. The complainant, it is stated, informed the respondent about the said fire and damage to the bales vide letter dated 21.11.89.

(3.) THE respondent appointed Mr. V.K. Kharbanda, surveyor to assess the loss. He visited the Railway Station on 22.11.89 and examined the damaged bales. He requested the Station Master as well as Chief Goods Clerk, New Delhi, for open delivery of the goods on the same day i.e. 22.11.89 but both of them did not agree to do so.