SAROJIT MALIK Vs. NATIONAL INSURANCE CO.

JUDGEMENT

(1.) BRIEFLY the facts of the case are that the complainant sent 11 packages of used household and personal effects from Delhi to Boston (Norfolk) through respondent No. 2. The packages were got insured by him with respondent No. 1 for an amount of Rs. 1,70,000 -00. Later, the insurance cover was increased from Rs. 1,70,000/ - to Rs. 2,51,000/ - as per the revised list of goods submitted by him, on payment of extra premium.

(2.) THE delivery of goods were taken in Boston on 21st December, 1990 by the complainant and it was found that the furniture and household goods had been severely damaged during transit. He immediately informed M/s. W.K. Webster (Overseas) Ltd., who were the agents of respondent No. 1 about the damage to the goods, on 24 -12 -1990 and requested them to settle the claim. Since then the complainant had been pursuing the claim but still it has not been settled.

(3.) IT is further pleaded that the damage to the goods is to the extent of 50% and therefore, he is entitled to recover a sum of Rs. 1,25,750/ -. Consequently, he has prayed that the respondent be directed to pay to the complainant in India a sum of Rs. 1,25,750/ - alongwith interest @ 18% p.a. from 21st December, 1991 till the date of payment or equivalent amount in (U.S. Dollars) in Boston, as per the terms of the insurance policy. The complaint has been signed by Mr. A.B. Malik the father of the complainant and not by the complainant.