TATA METALIKS LIMITED, TATA CENTRE Vs. CHAIRMAN CUM MANAGING DIRECTOR, NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is a complaint regarding an alleged deficiency in service on the part of the OP Insurance Co. that has repudiated the Marine Transit Claim which the Complainant had raised under a risk said to be covered under a Marine Open Cover (Cargo) Policy valid between 30/6/2008 to the midnight of 29/6/2009. The Complainant moved an application on 30/6/2008 for issuance of the said policy which is extracted herein under:-

(2.) The policy which has been issued in response to the aforesaid request, namely, the Marine Open Cover Cargo Policy describes the mode of transit as vessel/road/rail and the journey indicated therein is from any port of the world to any warehouse/plant sites/ conversant sites of Tata Metaliks in India. The goods disclosed to be transhipped under the said policy are metallurgical coke, coal and other cargo. This Open Cover Marine Policy requires a declaration to be given in respect of any consignment or shipment with a notice that all conditions, clauses and warranties attached with the open cover would be applicable. Under the head of closing particulars, the policy requires a declaration to the company about the consignment immediately upon receipt of shipping documents. The premium payable thereon is to be against each marine certificate as stated or as per debit note.

(3.) In accordance with the said policy, a declaration was tendered by the Complainant Company on 26/7/2008 giving the details of the cargo for which the marine insurance was required, and is also subject matter of contest between the parties in the present complaint. The same recites the place of loading of coking coal weighing 50,000 MT @ USD 371 per MT to be loaded from Dalrymple Bay Coal Terminal, Australia to Paradip and Haldia Ports in India. These two ports and the details of the shipment and coverage are indicated to be transported on a vessel named M/V Royal Epic. It is against this marine insurance requirement that the premium was calculated and deposited and then a Bill of Lading for marine insurance was dispatched to the insurer dtd. 8/8/2008. The Marine Certificate indicates the ports of discharge of the consignment as Paradip and Halidia ports in India. Under the said Marine Open Cover Policy, the Marine Insurance Certificate was issued for the consignment in question in favour of the Complainant covering the risk which was effective from 26/7/2008. The same also notes the basis of valuation as CIF. The Certificate also specifies the journey from Dalrymple Bay Coal Terminal Queensland Australia to Paradip and Haldia ports in India. The description of the package was declared as 52653 MT of Moranbah Hard Coking Coal. The mode of transit in this Marine Insurance Certificate was again mentioned as vessel / road / rail.