JAISONS JEWEL EXPORTS Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The complainant M/s. Jaisons Jewel Exports, New Delhi is a firm engaged in the business of manufacture and export of gold and diamond jewellery. In January, 1992, the complainant sent an export consignment of gold jewellery to Chicago by airfreight through the KLM Royal Dutch Airlines (Opposite Party No. 3) as per Airway Bill No. 074-2817/5844, dated January 10, 1992. A copy of the said airway bill has been produced as Annexure-H to the complaint petition. The said export was effected through the Minerals and Metals Trading Corporation as per invoice dated January 9, 1992-Annexure-I. The complaint petition states that in accordance with the usual procedure and practice, the customs authorities at the Foreign Post Office, New Delhi conducted a 100% inspection of the consignment and it was only thereafter that the jewellery was finally packed securely in a tin box. The Customs Officer who inspected the consignment had signed in the invoice in token of his having inspected and satisfied himself about the correctness of the description of the contents of the box set out in the invoice. The conginee was M/s. Avani Trading Company, Chicago.

(2.) The complainant took put a Marine Insurance Policy and insured the said consignment against all risks including war risk etc., with the Opposite Parties 1 and 2 who represented the National Insurance Co. Ltd. by taking out a policy of Marvine Insurance for a total of Rs. 18,07,500/-. The cover note dated 9.1.1992 has been produced by the complainant as Annexure-J. It is seen from the cover note that the policy issued to the complainant covered "all risks from warehouse to warehouse". A copy of the certificate of insurance has been produced along with the complaint as Annexure-K. Under the terms of the policy its period of validity was to last until the expiry of 30 days from the date of the discharge of the goods from the aircraft at the airport of destination.

(3.) It is averred in the complainant that since the export in question was effected through the M.M.T.C. the complainant handed over the export documents to the M.M.T.C, New Delhi and they, in turn, sent the documents to the State Bank of India, New Delhi for being transmitted to the State Bank of India, Chicago Branch for collection. A copy of the letter dated 14.1.1992 of M.M.T.C. to State Bank of India, New Delhi has been produced as Annexure-L and a copy of the Bill of Exchange dated 14.1.1992 drawn by the M.M.T.C. has been appended as Annexure-M. The consignment carried by the third respondent Airlines and it admittedly arrived in Chicago airport on 14.1.1992 and after discharge from the aircraft the consignment was kept in the carrier's security enclosure in Chicago airport awaiting its clearance by the consignee on production of the concerned docurrftnts.